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0 


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lOx 

14x 

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1    1 

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12x 

16x 

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?4y 

5Ry 

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The  c^pv  filmed  here  has  been  reproduced  thanks 
to  the  penerosity  of: 


Stauffer   Library 
Queen's  University 


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sion, and  ending  on  the  last  page  with  a  printed 
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The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


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beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method. 


L'exemplaire  filmd  fut  reproduit  grace  ^  la 
g^n^rosit^  da. 

Stduffer   Library 
Queen's   University 

Las  images  suivantes  ont  At*  reproduites  avec  le 
plus  grand  soin.  compte  tenu  de  la  condition  et 
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d'impression  ou  d'illustration  et  en  terminant  par 
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AN  INTRODUCTION  TO  THE  STUDY  OF 
ORGANIZED  LABOR  IN  AMERICA 


:V>^°' 


THE  MACMILLAN  COMPANY 

WIW    YORK        BOSTON        CHICAGO        DALLAS 
ATLANTA        SAN    FRANCISrO 

MACMILLAV  &  CO,  Limited 

LONDON    ■    BOMBAY       CALCDTTA 
MELBOURNE 

THE  MACMILLAN  CO   OF  CANADA.  Ltd. 

TORONTO 


AN  INTRODUCTION  TO 

THi:  STUDY  OF  ORGANIZED 
LABOR  IN  AMERICA 


BY 
GEORGE  GORHAM  GROAT,  Ph.D. 

PROFESSOR  OF  ECONOMICS,  UNIVERSITY    IF  V-ERMONT;  AUTHOR  OF 

"  TRADE    UNIONS    AND    THE    LAW     IN    NEW    YORK,"    AND 

"  ATTITUDE  OF  AMERICAN  COURTS  IN  LABOR  CASES  " 


JB^rai    fork 
THE  MACMILLAN  COMPANY 

1916 

AU  right!  resrrved 


HX"G£     '.Or? 


ropYlir.HT.  igift 

By  the  mac  MII,I,AN  (  DMPANV 

Set  up  .in't  electrntyped      rubliahcil  June,  ii)i6. 


PRFFV.rF. 

The  study  of  labor  organization  here  presented  i^  ofTered  in 
the  hop)c  that  it  a  ill  encourage  a  more  j^jeneral  interest  in  the 
subject.  That  the  |)rol)ienis  of  labor  constitute  one  of  the  most 
serious  issues  of  our  industrial  and  social  life  is  a  contention 
that  needs  no  ar^uin^.  It  is  perhaps  less  generally  recognized 
that  these  problems  (enter  in  labor  organizations.  It  is  assumed 
that  the  American  labor  problem  is  the  problem  of  organized 
I  labor;  that  .\merican  unions  arc  the  cmlwdiment  of  the  aggres- 

siveness, the  restlessness,  the  hope>,  the  fears  and  the  ideals 
of   American   laborers.     In   accordance   with   this  assumption 
;  the  accompanying  study  has  been  limited  to  organizations  of 

laborers. 
■  That  there  is  need  of  a  more  ihonuigh  understanding  of  these 

^  associations  is  quite  evident.     The   multiplication  of  courses 

i  in  colleges  and  universities,  the  increase  of  books,  the  abundance 

of  discussion  in  periodical  literature  all  attest  a  growing  interest. 
The  confusion  of  essentials  and  the  emphasis  of  non-essentials 
in  much  of  the  writings  and  public  discussion  show  a  need  for 
more  systematic  study.  It  is  to  meet  such  a  need  and  to  en- 
courage such  a  study  that  this  book  is  olTered. 

It  is  an  Introduction  to  such  a  study.  It  does  not  aim  to 
say  the  last  word  on  any  topic.  Any  finality  would  be  fatal  to 
the  purpose.  It  hopes  to  start  and  not  to  conclude  such  study. 
It  is  a  Study  of  these  associations.  Its  aim  is  to  promote 
discussion  —  to  p»omote  difference  of  opinion  if  need  be;  for 
there  are  issues  about  which  intelligent  differences  of  opinion 
must  and  should  exist. 

With  this  end  in  view  representative  opinions  have  been 
introduced  on  various  sides  of  the  questions.  The  desire  has 
been  to  present  these  conflicting  opinions  as  frankly  and  fully 
as  space  would  allow.  Of  course  the  author  accepts  no  responsi- 
bility for  the  views  thus  presented.  Nor  does  he  ask  the  reader 
to  accept  his  own  views  unless  they  appear  reasonable.    Since 


20757 


VI 


PREFACE 


it  has  not  been  the  author's  purpose  primarily  to  present  his 
own  views,  they  have  not  been  given  any  special  prominence. 
They  must  come  into  prominence  only  as  they  are  borne  up 
by  reason  and  fact. 

Much  difficulty  has  been  encountered  in  selecting  material. 
The  supply  has  been  so  overwhelming  and  the  space  so  rela- 
tively limited  that  heroic  measures  were  necessary.  The  se- 
lection may  or  may  not  appear  as  the  best.  Doubtless  many  will 
think  of  things  that  might  have  been  introduced  in  place  of 
some  that  do  appear.  The  choice  has  involved  standards,  and 
as  no  generally  accepted  standards  exist,  the  basis  has  had  to 
be  personal  choice.  While  much  of  the  material  that  has  been 
used  is  transient  and  might  not  have  been  used  a  year  later, 
it  none  the  less  illustrates  the  principle  involved  and  so  se-  ves 
its  purpose.  It  will  be  for  the  student  to  substitute  new  mate- 
rial for  himself  as  new  situations  develop.  By  the  time  these 
pages  reach  the  public,  some  of  the  facts  stated  may  not  be  true. 
That  is  of  course  inevitable  in  dealing  with  such  a  subject. 
It  is  believed,  however,  that  the  fa,.,  were  substantially  true  at 
the  time  of  writing. 

It  may  appear  to  some  that  undue  emphasis  has  been  placed 
upon  a  side  favorable  to  th-  u'-ons,  that  not  enough  has 
been  said  in  criticism  of  them  anu  in  favor  of  the  employers. 
The  author  must  not  be  understood  as  urging  a  thick-and-thin 
support  of  unions,  regardless  of  what  they  do.  He  believes 
that  they  have  a  heavy  responsibility  and  shares  with  many  a 
doubt  as  to  the  fullness  with  which  they  meet  such  obligation 
He  further  believes,  however,  that  in  public  discussion  generally 
the  unions  do  not  get  a  fair  and  understanding  hearing.  There 
is  no  danger  at  present  of  their  cause  being  presented  too  fa- 
vorably or  of  readers  being  too  much  prejudiced  in  their  favor. 
Were  this  not  so,  this  study  might  be  open  to  the  charge  of 
laying  too  much  emphasis  on  the  favorable  side  of  unionism. 
Under  the  circumstances,  with  the  sources  of  information  that 
are  most  easily  accessible  to  students  and  readers,  it  is  not 
believed  that  any  favorable  emphasis  made  in  these  pages  will 
pass  entirely  unchallenged  by  ideas  and  impressions  with  which 
the  reader  will  already  be  abundantly  supplied. 

The  main  divisions  into  which  the  study  falls  appear  to  be 
quite  natural.     The  first  part  should  not  be  understood  tn  he 


PREFACE 


VII 


in  any  sense  a  history  of  the  organized  labor  movement.  The 
struggles  of  the  past,  however,  have  left  so  deep  an  impression 
upon  the  unionists  of  to-da}  that  it  is  quite  impossible  to  under- 
stand their  spirit  apart  from  the  trials  of  earlier  days.  The 
union  man  may  not  be  an  historian,  but  he  knows  the  important 
experiences  of  the  past  so  far  as  his  class  is  concerned. 

It  is  believed  that  there  is  a  lack  of  clear  understanding  as 
to  the  e.xtent  to  which  organization  has  been  carried.  Many 
are  surprised  upon  first  learning  of  so  complete  and  so  intensely 
practical  an  organization  and  interrelation  of  the  parts  of  the 
movement.  For  this  reason  a  description  has  been  attempted 
that  will  cover  the  essential  points  and  bring  into  prominence 
the  elements  that  reveal  the  character  and  working  of  the 
structure  of  the  associations. 

The  field  from  which  supplementary  material  may  be  gathered 
is  so  wide,  the  material  itself  is  so  varied  in  value  and  much  of 
it  is  so  transient  that  no  attempt  has  been  made  to  include  any 
comprehensive  list  of  references.  In  a  separate  section  will 
be  found  suggestions  for  further  readings  along  the  lines  treated 
in  the  several  chapters. 

It  may  seem  to  some  that  more  references  should  have  been 
given  in  the  text  and  that  footnotes  should  have  been  used 
more  extensively.  The  author  has  thought  best  to  keep  the 
pages  of  an  Introductory  Study  free  from  the  interruptions 
of  such  references.  In  all  cases  where  authorities  could  be 
definitely  stated,  they  are  named  in  the  body  of  the  text.  It 
is  not  assumed  that  the  material  is  so  new  or  unusual  that 
critics  will  wish  to  verify  it.  Moreover,  the  sources  are  so  widely 
scattered  and  many  of  them  so  transient  that  they  are  not 
ordinarily  available. 

The  author's  incentive  for  getting  together  the  material  has 
come  from  a  variety  of  sources  —  college  instructors,  employers, 
labor  leaders,  warm  friends  and  warmer  enemies  of  the  labor 
movement.  To  the  active-minded  students  in  his  classes  who 
have  tried  to  get  at  the  truth  and  the  right  of  things  and  to 
form  a  habit  of  open  and  fair  mindedness  the  author  is  more 
indebted  than  he  can  tell. 

George  Gorham  Groat. 
Burlington,  Vermont, 

4  ■hril      Tni6. 


TABLE  OF  CONTENTS 


PAGE 

Introduction ix 

Suggestions  for  Further  Readings xii 


t 


CHAPTER 

I. 

II. 

III. 

IV. 


PART  I 


The  Background 


Beginnings  in  England 3 

Beginnings  in  America 19 

Wage  Theories 45 

Modern  Industrialism 58 


PART  II 
The  Structure 

V.  The  Knights  of  Labor 73 

VI.  The  American  Federation  of  Labor 82 

VII.  ^he  American  Trade  Union 100 

VIII.  Trade  Union  Statistics 120 

IX.  Women  and  Unionism 13S 


X 

XI. 

XII. 
XIII. 
XIV. 

XV. 
XVI. 


PART  III 
Collective  Bargaining 

The  Strike 159 

The  Strike  (Continued) 188 

Arbitration 204 

Arbitration  (Continued) 220 

The  Boycott 239 

The  Boycott  (ConLinuec) 252 

The  Closed  Shop 267 


IX 


X  TABLE  OF  CONTENTS 

PAGE 

XVIII.  The  Trade  Agreement. 301 

XIX.  Restriction  of  Membership  and  Output 318 

XX.  Trade-Union  Benefits 320 

PART  IV 

Political  Activity 

XXI.  Legislative  Methods 343 

XXII.  Labor  Legislation 35g 

XXIII.  Political  Labor  Party 367 

XXIV,  Legislation  Versus  Collective  Bargaining 376 

PART  V 

Transitional  Stages 

XXV.  Trade-Union  Jurisdiction 391 

XXVI.  Industrial  Unionism 408 

XXVII.   Revolutionary  Industrial  Unionism 426 

XXVIII.  Revolutionary  Industrial  Unionism  (Continued) 439 

PART  VI 

Conclusion 

XXIX.  Unionism 45^ 

XXX.  Unionism  (Continued) 474 


INTRODUCTION 


"This  that  they  call  the  organization  of  labor  is  the  universal  vital 
problem  of  the  world."  — Carlyle. 

"Do  not  let  anyone  mislead  you  into  the  belief  that  the  day  of  the 
union  is  over.  It  is  not  over.  It  is  the  very  foundation  upon  which 
the  whole  superstructure  of  individual  liberty  will  one  day  be  reared." 
—  Kier  Hardy. 

"The  labor  movement  is  the  labor  question,  and  the  labor  fjuestion, 
concretely  stated,  is  the  effort  of  wage-workers  to  secure  a  higher 
standard  of  living.  It  is  their  struggle  upward.  How  to  secure  the 
ends  for  which  the  struggle  is  instituted  is  probably  the  great  ques- 
tion of  the  day."  —  Carro//  D.  Wright. 

"A  long  study  of  the  history  of  labor  has  convinced  me  that  trade 
unions  are  not  only  the  best  friends  of  the  workmen,  but  the  best 
agency  for  the  employer  and  the  public,  and  that  to  the  extension 
of  these  associations  political  economists  and  statesmen  must  look 
for  the  solution  of  some  among  the  most  pressing  and  the  most  diffi- 
cult problems  of  our  own  time."  —  Thorold  Rogers. 

Motto:  "I  am  not  defending;  much  less  denying;  I  am  explaining." 

Any  study  of  organized  labor  must  recognize  at  the  outset  two 
serious  difficulties.  The  first  grows  out  of  the  very  large  number 
of  activities  to  be  taken  into  account  and  the  necessary  limita- 
tion of  space  that  is  imposed  by  a  written  description.  This 
necessitates  selection  and  rejection.  To  make  these  choices 
some  standards  must  be  adopted  and  standards  are  very  largely 
matters  of  personal  judgment.  What  to  include  and  what  to 
omit  is  quite  as  difficult  to  decide  as  it  is  to  determine  how  to 
deal  with  the  topics  selected. 

The  second  difficulty  grows  out  of  the  fact  that  these  organiza- 
tions are  living,  acting  and  therefore  changing.  This  fact  greatly 
increases  the  burden  of  an  undertaking  that  would,  even  other- 
wise, be  far  from  easy.  Changes  at  times  are  rapid  as  well  as  un- 
e.xpected.     Many  are  trivial,  of  secondary  importance  only; 

xi 


ai 


INTRODUCTION 


while  some  are  of  prime  significance.  Because  of  this,  any  de- 
scription must  soon  become  out  of  date  as  far  as  details  are  con- 
cerned. It  is  believed,  however,  that  there  are  some  principles 
that  are  relatively  abiding;  that  there  are  some  elements  that 
are  permanent  enough  as  well  as  significant  enough  to  warrant 
an  effort  to  reduce  them  to  a  more  concrete  expression  through 
detailed  description.  The  details  will  change,  possibly  before 
these  pages  find  their  way  to  the  reader;  yet  the  principles  cannot 
change  quite  so  soon.  The  details,  believed  to  be  accurate  at  the 
time  of  writing,  may  serve  to  give  life  and  reality  to  the  more  fun- 
damental elements. 

To  those  who  follow  through  the  pages  of  this  book  some  in- 
troductory explanation  may  be  helpful.  It  has  been  the  writer's 
purpose  to  assist  the  reader  in  gaining  a  comprehension  of  what 
the  organized  labor  movement  is.  It  is  with  this  aim  in  mind 
that  the  material  has  been  arranged. 

The  movement  should  first  be  seen  against  its  background, 
giving  at  the  same  time  a  sense  of  historical  perspective  and  an 
industrial  setting  in  current  business  organization.  Both  of 
these  are  essential  to  enable  one  to  catch  the  spirit  that  animates 
this  movement. 

That  the  spirit  must  be  embodied  m  some  concrete  form  is  of 
course  evident.  Yet  these  forms  of  organization  are  not  so  well 
understood  as  they  should  be.  The  perfection  and  detail  of 
organization  is  often  overlooked  or  given  but  slight  attention. 
For  this  reason  a  description  of  current  forms  of  association  as 
types  has  been  given  somewhat  in  detail.  It  is  hoped  that  the 
description  is  sufficiently  concrete,  and  no  more  than  sufficiently 
so,  to  present  a  picture  of  the  organs  through  which  union  pur- 
poses are  sought  to  be  realized. 

By  far  the  most  important  phases  are  the  activities  them- 
selves. Here  the  process  of  selection  and  rejection  has  of  neces- 
sity been  most  extensively  applied.  Of  the  many  lines  of  in- 
terest that  have  engaged  the  attention  of  the  unions  and  led  to 
action,  those  that  have  seemed  most  important  in  themselves 
and  best  illustrative  of  the  spirit  and  purposes  of  unionism  have 
been  included.  It  is  a  matter  of  regret  that  others  could  not  be 
added  to  the  list  here  chosen.  The  division  of  these  activities, 
as  it  will  appear,  seems  to  fall  quite  naturally  into  two  parts: 
industrial  and  political.     If  more  space  had  been  allowed  for 


INTRODUCTION 


XIU 


describing  the  benefit  and  insurance  features  it  would  have  been 
quite  justifiable  to  put  this  description  into  a  third  separate 
division.  As  the  topic  has  been  treated  with  relative  brevity,  it 
has  been  thought  best  to  include  it  as  a  part  of  industrial  activity, 
or  a  phase  of  collective  bargaining. 

By  rio  means  would  any  discussion  be  in  the  least  adequate 
that  did  not  take  account  of  transitional  movements.  That 
these  are  present  no  one  will  doubt.  Toward  what  they  may  be 
leading  cannot  with  any  certainty  be  predicted. 

Doubtless  the  study  will  appear  to  some  as  all  too  limited  in 
its  scope.  Of  such  an  objection  the  author  has  already  expressed 
in  part  his  view.  Many  other  topics  might  have  been  included. 
But  it  is  held  that  the  labor  movement  today  in  all  of  its  essen- 
tial elements  is  the  movement  of  organized  labor.  The  power  of 
combination  is  today  so  great  that  nothing  of  the  proportions  of 
a  movement  can  develop  among  the  unorganized,  large  though 
these  are  in  numbers.  The  interests  of  these  dissociated  groups 
or  masses  are  intimately  connected  with  what  associations  are 
doing.  Individual  laborers  may  be  counted,  described,  classified 
and  tabulated  (and  all  would  be  both  interesting  and  profitable), 
but  as  individuals  they  do  not  and  cannot  constitute  the  labor 
movement.  It  is  safe  to  say  that  the  American  labor  movement 
of  today  is  an  organized  movement  and  the  labor  organizations 
are  its  embodiment.  For  these  reasons  many  topics  have  be-^n 
omitted  that  otherwise  might  have  been  included. 

Even  the  most  enthusiastic  admirer  of  these  unions  will  not 
escape  without  imding  something  to  criticize  or  to  disapprove. 
It  is  expected  that  the  most  positive  opponent  will  find  some- 
thmg  of  which  he  must  approve.  Trade  unions  would  not  be 
human  organizations  if  they  did  not  have  that  usual  mixture  of 
good  and  bad  that  characterizes  all  human  activities.  The  day 
has  passed  when  either  blind  admiration  or  blind  condemnation 
can  be  tolerated.  From  the  present  temper  of  public  opinion  it 
appears  that  there  is  rather  less  danger  from  the  former  than 
from  the  latter  in  many  quarters  so  far  as  labor  unions  are  con- 
cerned. Let  no  one  adopt  the  attitude  of  setting  out  to  see  what 
labor  unions  are  doing  and  proving  that  they  are  wrong. 

Finally  it  may  be  said  that  the  author's  purpose  has  been  to 
start  the  study  of  the  organized  labor  movement,  not  to  conclude 
It.    i\othing  in  these  pages  is  to  be  regarded  as  final.    Opinions 


nv 


INTRODUCTION 


on  questions  of  such  vital  importance  are  always  stimulating. 
Many  opinions  have  been  stated;  opinions  of  those  entitled  to 
speak  with  some  authority  on  both  sides  of  disputed  issues.  To 
these  have  been  added  the  author's  views  scattered  throughout 
the  discussion.  The  author  does  not  accept  responsibility  for  the 
views  of  others.  Xor  does  he  ask  the  reader  to  accept  his  own  as 
necessarily  fmal.  Of  the  value  of  them  all  the  reader  will  judge 
for  himself  after  giving  all  sides  a  hearing. 

Opinions  will  change.  Conditions  will  not  remain  the  same. 
The  issues  to  be  fought  out  will  be  altered  from  time  to  lime. 
The  one  abiding  fact  is  the  human  struggle  upward.  This  gen- 
eration and  the  next  must  witness  this  conflict  centered  around 
the  struggle  of  the  laboring  classes,  those  who  work  with  their 
hands.  The  organized  effort  among  these  laborers  is  today  the 
labor  problem  of  America. 


SUGGESTIONS  FOR  FURTHER  READINGS 

Parts  I  and  II.  For  the  historical  part  of  the  work  a  supple- 
mentary knowledge  may  be  secured  from  any  or  all  of  the  many 
standard  industrial  histories  of  England  and  America. 

Among  the  English  works  are  particularly  Webb,  The  History 
of  Trade  Unionism;  Rogers,  Six  Centuries  of  Work  and  Wages; 
Unwin,  Industrial  Organization  in  the  Sixteenth  and  Seven- 
teenth Centuries. 

Among  those  for  the  United  States  are:  Documentary  History 
of  American  Industrial  Society  (Commons  and  others.  Editors) ; 
Powderly,  Thirty  Years  of  Labor  (181,9-1889);  Trant,  Trade 
Unions  —  Their  Origin  and  Objects,  Influence  and  Efficiency; 
Wright,  Industrial  Evolution  of  the  United  States. 

For  Wage  Theories:  Haney,  History  of  Economic  Thought; 
Gide  and  Rist,  History  of  Economic  Doctrines. 

For  Modern  Industrialism,  it  is  a  matter  of  reading  current 
descriptive  industrial  literature  together  with  observation. 

For  specific  studies  in  the  historical  and  descriptive  field  there 
are  valuable  detailed  sources.  Johns  Hopkins  University  Studies 
in  Historical  and  Political  Science;  Columbia  University  Studies 
in  History,  Economics  and  Public  Law;  University  of  California 
Publications  in  Economics:  Publications  of  the  American  Eco- 
nomic Association,  and  other  learned  societies  in  the  field  of  the 


INTRODUCTION 


XV 


social  sciences;  Bulletins  of  the  Unittd  States  Bureau  of  Labor 
Statistics;  bulletins  of  some  of  the  state  departments  of  labor, 
particularly  of  Xew  York  and  Massachusetts;  many  interesting 
historical  and  descriptive  articles,  in  the  various  economic  and 
other  {)eriodicals. 

For  the  structure  of  unions  the  material  is  more  widely  scat- 
tered. Hollander  and  Barnett,  Studies  in  American  Trade 
Unii)nism,  is  the  one  large  collection.  Other  important  detailed 
.studies  may  also  be  found  in  the  several  series  named  above  and 
in  the  economic  periodicals.  Both  the  Massachusetts  and  the 
New  York,  departments  publish  at  intervals  directories  of  the 
trade  unions  of  the  country.  The  constitutions  of  the  various 
unions  furnish  descriptions  of  their  organization. 

Parts  III,  IV  and  V.  In  this  field  the  literature  is  still  more 
widely  scattered.  Government  publications  and  periodical 
literature  furnish  the  main  sources.  Much  mav  be  taken  from 
trade  union  literature,  a  wide  field  of  variable  value.  Trade 
union  journals,  employers'  publications,  proceedings  of  conven- 
tions, legislative  enactments,  commi.ssions  of  investigation,  dis- 
cussions before  learned  bodies,  and  —  most  important  of  all  — 
the  things  that  are  being  done,  a  part  of  the  news  of  the  day, 
are  the  sources  to  which  the  reader  must  go  to  secure  the  in- 
formation desired.  These  are  not  anywhere  very  fully  indexed 
and  so  they  are  not  very  easily  available.  There  are," however, 
the  helpful  Pool's  Inde.x  and  the  Readers'  Guide,  aids  to  the 
finding  of  material  that  may  be  found  in  any  library.  These 
open  up  the  periodical  Uterature  better  than  any  other  single  aid. 
Other  sources  of  information  are  matters  of  observation  and  in- 
terpretation and  these  are  open  to  all. 

Ir  general  it  may  be  said  that  aside  from  the  historical  parts, 
the  sources  that  are  of  real  significance  are  very  transient' 
Topics  of  to-day  give  way  to  others  of  to-morrow.  To  know  the 
movement  the  student  must  keep  abreast  of  the  changes,  and 
this  cannot  be  done  by  tying  up  to  any  fixed  and  unchanging  list 
of  references. 


PART  I 

THE  BACKGROUND 


f 


AX    IXTRODUCTIOX    TO 

TUll  SI  ri)V  ()!•  OkGANIZILD  LABOR 
IN  AMERICA 

CHAPTER  I 


BEGINNINGS  IN  ENGLAND 

A  Wage-Earning  Class.  —  The  problems  of  orKamVed  labor 
dill  not  originate  in  modern  times.  While  (iirreiit  conditions 
determine  largely  their  si)ecific  nature,  the  beginning-  are  to 
be  found  only  by  tracing  the  lines  of  development  far  back  into 
industrial  history.  The  movement  toward  organization  fol- 
lowed inevitably  upon  the  diflkulties  connected  with  wages 
and  these  in  turn  arose  with  the  beginnings  of  a  wage-earning 
class.  The  rise  of  this  class  was  slow  and  irregular  extending 
over  more  than  a  century  of  changing  inciustrial  conditions. 

In  Agriculture.  —  The  division  of  function  came  first  in 
agriculture  and  was  connected  with  the  passing  of  the  serfs  and 
villeins  into  a  free  tenant  class.  Payment  of  rent  in  money 
rather  than  in  labor  arose  out  of  the  conditions  of  manorial 
lords  who  were  so  generally  in  need  of  cash.  Within  the  free 
tenant  class  a  subdivision  began  to  appear;  the  more  indus- 
trious and  frugal  becoming  small  farmers  and  those  less  able  to 
adjust  themselves  to  the  demands  of  the  newer  situation  became 
agricultural  laborers,  having  small  patches  of  land  of  their 
own  in  s'lme  cases  but  not  enough  to  support  themselves  nor  to 
occupy  their  entire  time  in  labor.  These  cottars  and  poorer 
villeins  hired  out  their  services  to  their  more  successful  neigh- 
bors, thus  beginning  the  development  of  a  class  who  lived  more 
and  more  upon  wages  paid  them  for  labor  performed  for  and 
under  the  direction  of  others. 

The  changes  here  so  briefly  stated  took  place  in  England  very 
gradually  and  were  closely  associated  with  the  many  other 
modifications  of  feudalism  during  the  thirteenth  and  fourteenth 
centuries.    The  manorial  lords  and  greater  barons  were  com- 


AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


muting  the  primitive  forms  of  feudal  dues  in  the  form  of  pay- 
ment in  services  into  money  payments  such  as  rents  and  taxes. 
This  finally  led  to  the  more  complex  relations  of  the  later  mediae- 
val and  early  modern  periods. 

Customary  Wage.  —  That  troubles  early  arose  over  the 
amounts  offered  and  those  demanded  as  wages  there  is  plenty 
of  evidence.  Yet  it  is  altogether  probable  that  so  far  as  possible 
custom  and  precedent  were  relied  upon  to  determine  what 
sums  should  be  paid.  But  the  new  situation  was  not  to  be  met 
entirely  with  the  aid  of  established  custom  and  therein  were 
the  beginnings  of  difficulty.  A  readjustment  to  the  new  phases 
probably  would  have  been  made  in  course  of  time  without  much 
disturbance  had  it  not  been  for  the  series  of  famines  and  plagues 
that  came  during  the  early  years  of  the  fourteenth  century. 
These  disasters  created  a  scarcity  of  labor  under  the  new  condi- 
tions and  thus  gave  those  who  survived  a  real  advantage  in 
demanding  an  increase  in  compensation.  The  matter  reached 
a  climax  with  the  Great  Plague  of  1348  when  scarcity  of  numbers 
gave  the  laborers  such  an  advantage  that  they  demanded 
greatly  increased  pay  for  their  labor.  The  difficulties  arising 
out  of  demands  for  increase  over  the  customary  wage  resulted 
in  a  new  public  policy.  The  Great  Plague  mark.  .,  the  beginning 
of  the  attempt  to  define  and  regulate  the  income  of  the  laboring 
class  throughout  the  realm  as  a  whole. 

Money  Wage.  —  With  the  use  of  money  in  payment  for 
services  it  became  easier  for  the  wage  earner  to  leave  his  "cus- 
tomary" place  of  work;  and  by  payment  of  the  small  fine  im- 
posed as  an  ancient  feudal  right  he  could  go  out  into  a  wider 
market  to  seek  work.  These  changes  resi'^'^d  in  great  advan- 
tage to  the  laborers,  increasing  their  wages  probably  from  twenty 
to  fifty  or  sixty  per  cent  ad  the  increase  stood  for  a  long  period. 
It  did  not  come  without  resistance,  however.  Prior  to  the 
Great  Plague  wages  had  been  subject  to  local  regulation  through 
manorial  or  guild  authority.  The  situation  was  now  such  as 
to  be  entirely  beyond  the  control  of  these  local  officials.  Ed- 
ward III  in  1349  issued  a  proclamation  ordering  that  no  laborer 
should  demand  and  no  person  should  pay  wages  higher  than 
the  rate  customary  before  the  plague.  Parliament  in  the  follow- 
ing year  enacted  the  requirements  of  this  proclamation  as  the 
Statute  of  Laborers,  the  first  of  a  series  of  laws  in  which  matters 


i 


BEGINNINGS  IN  ENGLAND  5 

of  wages  and  hours  of  labor  were  dealt  with.  Thus  the  segrega- 
tion of  a  class  of  wage  earners  had  bee  ime  so  real  and  so  impor- 
tant by  the  middle  of  the  fourteenth  century  that  it  first  became, 
what  it  continued  for  centuries  to  be,  the  subject  of  regulation 
and  control  by  King  and  Parliament. 

Other  Industries.  —  This  movement  in  agriculture  was  ac- 
companied by  one  in  many  respects  similar  in  other  lines  of  in- 
dustry and  which  overlapped  the  former  one  in  time.  Artisans,^ 
such  as  shoemakers,  copper  and  iron  smiths,  carpenters,  weavers, 
workers  in  glass  and  pottery,  must  have  been  necessary  from  a 
much  earlier  period.  These  were  not  in  the  earlier  stages  wage 
earners.  They  worked  in  guilds  where  the  relations  were  quite 
unlike  those  of  laborers  and  their  employers.  The  guilds  had 
become  influential  organizations  and  their  regulations  were  often 
oppressive  to  the  expansion  of  industry  and  its  development 
along  new  lines.  For  several  reasons,  among  which  was  the 
tyranny  of  the  guilds,  the  manufacturers  removed  their  estab- 
lishments from  the  larger  guild  towns  to  smaller  villages  where 
such  organizations  did  not  exist.  Liberated  thus  from  their 
control  the  master  was  free  to  organize  as  he  might  choose  and 
as  a  result  a  combination  and  division  of  labor  was  effected 
a'ong  np'v  lines.  This  new  system  was  not  that  of  the  earlier 
days  but  as  Gibbons  describes  it  "the  germs  of  the  modern 
system  were  there;  ...  a  system  of  congregated  labor  organ- 
ized upon  a  capitalist  basis  by  one  man  —  the  organizer,  head 
and  owner  of  the  industrial  village  —  the  master  clothier."  The 
effect  of  the  Great  Plague  on  wages  was  marked  in  this  line  of 
labor  also.  Carpenters,  masons  and  others  secured  increases 
in  about  the  same  rate  while  their  masters  joined  with  the  agri- 
cultural employers  in  the  protest  that  led  King  Edward  to  issue 
his  proclamation  of  1349. 

Proclamation  and  Laws.  —  Just  how  well  the  provisions  of 
this  regulatory  act  were  enforced  seems  not  entirely  clear. 
Differences  of  opinion  indicate  that  the  problem  existed  and  that 
it  grew  directly  out  of  the  conditions  and  the  difficulties  of  the 
labor  market.  There  is  satisfactory  evidence  that  the  laboring 
classes  were  generally  in  good  condition  during  the  fourteenth 
and  fifteenth  centuries.  With  small  plats  of  land  of  their  own 
to  till  they  were  able  to  supplement  the  returns  of  their  vocations, 
and  such  H.voc3.t!ons  doubtless  enabled  them  to  live  verv  com- 


AX  INTRODUCTION-  TO  STUDY  OF  ORGANIZED  LABOR 


fortably.     By   the  time  of   Elizabeth's  reign  conditions  were 
changing.    Enclosures  and  other  methods  of  adding  small  parcels 
of  land  to  the  larger  estates  took  away  from  the  wage  laborer^ 
his  means  for  supplementing  his  income.    Sheep  raising  required 
a  less  number  of  .  borers  than  the  raising  of  agricultural  crops. 
This  threw  many  out  of  employment  and  at  the  same  time  took 
from  them  their  only  means  of  self-support.     Unemployment 
became  a  real  difficulty.    Wages  naturally  fell.    At  the  same  time 
prices  of  necessities  were  rising.     Poverty  and  distress  chal- 
lenged attention.     This  it   received,   leading   to  two  laws  of 
unusual  importance.     The  Elizabethan  Poor  Law  was  an  at- 
tempt to  deal  in  a  national  way  with  the  conditions  of  distress. 
The  Statute  of  Laborers  of  1563  was  aimed  at  the  wage  problem. 
By  this  latter  measure  public  control  was  again  exercised  over 
wages,  but  this  tim.e  not  directly  by  Parliament.    The  justices 
of  the  peace  for  each  locality  were  empowered  to  fix  the  amounts 
that  should  be  paid.     As  these  officials  were  general  1     either 
employers  themselves  or  of  the  same  class  it  was  na,   -al  that 
those  employing  labor  should  exercise  undue  influence  over 
wages.    The  extent  to  which  this  statute  was  effective  is  a  sub- 
ject of  some  dispute.     Gibbons  sums  up  the  controversy  by 
asserting  that  "it  certainly  seems  to  be  the  case  that,  in  spite 
of  the  continued  increase  in  the  price  of  the  necessaries  of  life,'^ 
the  wages  of  labor  did  conform  to  the  justices'  assessments  and 
that  these  assessments  were  too  low  to  give  the  laborer  an  op- 
portunity of  really  comfortable  subsistance."    To  this  he  adds 
that  "there  can  be  no  dispute  that,  whether  owing  to  the  as- 
sessment or  not,  wages  steadily  declined  in  the  sixteenth  and 
seventeenth  centuries,  taken  as  a  whole."   This  statute  remained 
in  force  for  m.ore  than  two  hundred  years  and  the  laborers' 
wages  were  thus  subject  to  control  during  that  period.    By  the 
beginning  of  the  eighteenth  century  the  laborers'  condition  had 
become  one  of  poverty  and  distress  to  no  small  degree. 

This  policy  of  control  of  wages  had  its  natural  outcome  in 
the  necessity  for  some  form  of  relief  work  as  a  supplement  to  the 
wages  thus  arbitrarily  fixed.  In  1722  the  relief  thus  made 
necessary  was  limited  by  law  to  those  only  who  would  enter  the 
workhouses.  This  provision  remained  in  force  for  about  three- 
quarters  of  a  century,  a  period  in  which  at  least  two  if  not  three 


gciicittuuii 


:3    iivcia    tiicii 


11  V  \,.>    C«.-l 


BFXJXNINGS  IN  ENGLAND  7 

was  repealed  and  the  older  plan  was  revived.  Any  poor  person 
could  receive  aid  at  his  house.  During  the  period  of  high  corn 
prices  and  heavy  ta.xation  wages  were  not  increased  proportion- 
ately and  the  justices  of  the  peace  were  of  necessity  very  gener- 
ous in  their  allowances  from  the  rates.  Relief  of  this  character 
was  very  general  from  the  beginning  of  the  nineteenth  centur>- 
to  well  beyond  the  quarter-century  mark.  Often  the  amounts 
thus  granted  in  relief  exceeded  the  sums  paid  as  wages. 

Such  were  in  brief  the  antecedents  and  such  the  conditions 
of  the  wage-earning  classes  in  England  at  the  time  of  the  In- 
dustrial Revolution.  Out  of  the  events  of  that  period  came  a 
new  relation,  a  new  view  and  a  new  activity.  There  began  the 
struggle  for  organization  of  a  type  that  would  more  effectively 
meet  the  new  demands. 


BEGINOTNGS   OF   ORGANIZATION 

Three  facts  may  be  named  as  accountable  for  the  organization 
of  laborers.  One  is  the  sweeping  changes  in  all  branches  of  in- 
dustry that  constituted  the  Industrial  Revolution.  Another 
is  the  opposition  that  laborers  met  in  their  efforts  to  improve  the 
conditions  of  living  during  the  period  of  a  century  prior  to  this 
time.  A  third  is  the  effects  of  the  wars  for  colonial  e.xpansion 
m  which  England  was  engaged.  The  changes  of  the  Industrial 
Revolution  were  too  numerous  for  discussion  here.  Suffice 
it  to  say  that  the  living  of  wage  earners  was  deeply  affected,  so 
much  so  as  to  change  quite  entirely  their  mode  of  life  and  their 
outlook  for  the  future.  The  efforts  to  improve  conditions  had 
been  attended  by  disturbances  often  of  a  serious  nature  and  had 
been  opposed  by  the  superior  influence  of  employers,  by  the 
power  of  Parliament  and  by  the  force  of  long  years  of  precedent 
during  which  it  had  come  to  be  held  that  combination  to  affect 
wages  was  illegal.  The  wars  had  been  desperately  fought, 
drawing  heavily  upon  the  resources  of  the  kingdom.  They  were 
followed  with  hea\y  debt,  consequent  high  ta.xation  with  a  tax 
system  not  adapted  to  the  conditions,  disbanded  armies  of  men 
who  had  lost  the  habit  of  industry  while  in  the  service,  a  large 
amount  of  unemployment,  deep  poverty  and  distress  among 
the  poorer  classes,  abnormally  high  prices  for  the  necessaries 
of  life.    In  domestic  relations  England  had  paid  heavily  for  her 


8        AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

successes  in  foreign  fields.  Thorold  Rogers  rates  the  latter  part 
of  the  t  -hteenth  century  and  the  first  of  the  nineteenth  as  a  time 
in  which  the  conditions  of  the  working  classes  sank  to  as  low  an 
ebb  as  at  any  time  during  the  six  hundred  years  included  within 

his  study. 

The  Guilds.  —  Some  confusion  as  to  the  origin  of  permanent 
labor  organizations  has  prevailed  owing  to  a  suggested  connection 
between  them  and  the  guilds  of  the  earlier  period.  In  fact  there 
has  been  prevalent  a  popular  impression,  assumed  rather  than 
reasoned,  that  the  former  v,-ere  the  direct  outgrowth  of  the  latter. 
This  view  may  seem  at  first  hand  a  natural  one  as  there  are  so 
many  points  in  common  in  the  two  organizations.  The  first 
authoritative  statement  on  this  subject  was  by  Brentano  in 
1S70  when  he  suggested  that  the  guild  was  the  predecessor 
of  the  union,  though  not  tracing  a  direct  connection  between 
them.  Howell  reproduced  Brentano's  account  and  gave  general 
credence  to  the  opinion  that  trade  unions  originated  in  some 
manner,  not  clearly  described,  from  craft  guilds.    The  subject 

has  been  more  recently  and  more  the hly  examined  by  the 

Webbs  in  their  History  of  Trade  Unic  and  also  by  Unwin. 

The  Webbs  especially  undertake  at  SL.i.e  n  ngth  to  show  that 
Brentano's  account  is  misleading.     Prior  to  the  beginning  of 
the  eighteenth  century,  they  claim,  there  was  in  England  nothing 
that  partook  sufficiently  of  the  nature  of  a  permanent  organiza- 
tion to  be  characterized  as  a  union  in  the  sense  in  which  that 
term  is  used  by  them.    Such  organizations  as  are  recorded  in  . 
the  annals  of  mediaeval  town  life  seem  to  have  been  occasional 
and  only  for  the  purpose  of  securing  some  specific  end.    As  the 
occasion  for  the  association  passed  it  was  broken  up,  not  to  be 
brought  together  again  until  some  new  occasion  arose.    They 
were  transient,  and  while  they  may  have  served  to  teach  impor- 
tant lessons  in  the  value  of  such  activity  the  movement  of  the 
present  day  could  never  have  become  what  it  is  had  only  such 
methcxls  continued.     The  craft  guilds  were  so  unlike  modem 
trade  organizations,  as  the  Webbs  insist,  that  it  would  be  as_ 
reasonable  to  call  labor  unions  the  successors  of  craft  guilds  as 
it  would  to  claim  such  a  relation  for  capitalist  syndicates,  em- 
plovers'   associations,   boards  of  factory  inspection  or  school 
visitors.     In  the  guild  system  the  master  craftman  was  the 
practical  administrator  and  dommant  mtiuence.     ihe  typical 


BEGINNINGS  IX  ENGLAND 


guild  member  was  not  wholly,  or  even  chiefly,  a  manual  worker. 
He  performed  many  of  the  functions  of  an  entrejireneur,  such  as 
supplying  capital,  knowledge  of  markets,  both  of  raw  material 
and  finished  products.    One  will  at  once  recognize,  as  the  Webbs 
insist,  that  these  are  not  characteristics  of  modern  unionism. 
The  conclusion  of  the  Webbs  after  their  exhaustive  study  of  all 
available  material  is  thai,  while  >i  more  complete  examination 
of   unpublished   material   might   [)ossibly   disclose   a   series   of 
fraternities  among  journeymen,  yet  there  has  been  brought  to 
light  no  evidence  of  any  permanency  of  association  among  the> 
wage  earners  against  their  employers  during  the  middle  ages. 
Such  associations  as  did  continue  an  existence  for  any  consider- 
able period  were  so  closely  connected  with  masters  or  employers 
as  to  lack  the  essential  elements  that  so  prominently  character- 
ize the  unions  of  to-day.    Finally  the  Webbs  assert  "with  some 
confidence  that  in  no  case  did  any  trade  union  in  the  United 
Kingdom  arise,  either  directly  or  indirectly,  from  a  craft  guild." 
They  have  not  "been  able  to  trace  the  slightest  connection  be- 
tween the  slowly  dying  guilds  and  the  upstarting  trade  unions." 
Unwin  asserts  that  the  attempts  to  bring  these  two  different 
forms  of  association  into  historical  relation  "have  a  sound  in- 
stinct behind  them."    Yet  tl  o  guild,  he  says,  is  to  be  regarded 
not  as  the  parent  of  the  trade  union  but  the  ancestor,  as  it  was 
the  ancestor  of  other  industrial  forms.    The  two  "  were  separated 
by  centuries  of  development  and  the  earlier  was  dead  before  the 
latter  were  born."    In  summing  up  the  evolution  from  the  one 
to  the  other  the  stages  through  which  the  development  passed 
are  journeymen,  rise  of  small  masters,  beginning  of  industrial 
capitalism,  emergence  of  organized  wage  earners. 

The  Causes.  —  As  has  already  been  stated,  the  Industrial 
Revolution  furnishes  the  background  for  the  development  of 
the  movemenL.  Changing  relations  between  all  parts  of  in- 
dustry characterized  this  period.  Yet  it  is  manifestly  too 
broad  to  state  that  the  Revolution  was  the  cause  of  the  forma- 
tion of  labor  unions  and  leave  the  matter  there.  More  specific 
causes  must  be  found  ami  stated,  as  they  are  essential  to  the 
understanding  of  union  activity  in  modern  times.  As  stated 
above  the  craft  guilds  may  be  accepted  as  "sociological  ante- 
cedents"  and  journeymen's   fraternities   as   more   immediate 


il „,.       !_,,„ 


r,lot 


orvrl     r■r\nr>^r^cr 


IJl  ocv>c 


JF 


lo     AX  iNTRODurrrox  to  sti'dv  or  oroant/i-d  labor 


more  dosily  to  consideration  of  real  causes,  the  first  to  note 
/is  the   iiicreasinj:  division   of  function  and   the  separation  of 
the  more  skilled,  more  energetic,  more  daring  into  grouixs  that 
divided  the  industrial  operations  between  them.     Kach  became 
more  proficient   in   the  branch   of   work   in   which   experience 
showed  him  to  be  best  qualified,  whether  in  manual  kibor,  su- 
perintendence, buying  material,  selling  the  product,  assembling 
the  factors,  or  opening  newer  opportunities.      This  soon  de- 
veloped a  situation  ve-y  unlike  the  old  regime  in  wliicii  the 
apprentice  as  a  matter  of  course  became  the  journeyman,  and 
he  in  turn  equally  as  a  matter  of  course  became  a  master  having 
under  his  direction  and  intimately  associated  with  him  other 
apprentices   and   journex-men,   who   in   turn   would   make   the 
same  progress  in  their  station.     In   the  older  order  the  way 
was  open   to  practically  all   workingmen   to  move  up  to  the 
higher  stations  as  age  and  experience  counted  in  their  favor. 
Specialization  and  subdivision  of  function  closed  the  door  to 
^this  series  of  changes.     Added  to  this  there  was  the  growing 
need  for  capital  in  larger  sums.    As  the  industries  were  expand- 
ing with  the  increasing  activities  of  this  remarkable  period, 
more  and  better  machinery  and  tools  were  necessary,  a  larger 
supply  of  raw  material,  a  greater  stock  of  finished  goods.    All 
of  this  required  money  in  far  larger  quantities  than  the  ordinary 
small  master  could  supply  from  his  own  store  or  secure  witn 
his  limited  credit.     Those  who  failed  at  this  point  had  but 
one  way  open  to  them.    That  was  to  drop  back  into  the  ranks 
of  the  skilled  workmen  who  hired  their  services  to  their  more 
energetic  or  more  fortunately  situated  companions.     The  one 
fact  that  stands  out  in  greatest  prominence  from  these  develop- 
ments was  that  those  who  were  workingmen  or  artisans  must 
in  large  numbers  remain  such  while  only  a  fev^c'ould  take  ad- 
vantage of  the  chances  for  betterment  through  the  developing 
opportunities  of  capitalism.     With  the  slow  recognition  of  this 
new  limitation,  this  closing  of  the  door  of  larger  opportunity 
to  so  many,  came  a  feeling  of  restlessness,  of  dissatisfaction 
with  the  conditions  themselves.     They  were  toleral)le  so  long 
as  they  were  stepping  stones  to  better  things.     Without  this 
prospect,  the  outlook  was  not  ^o  encouraging.     Shut  otT  from 
the  wavs  that  had  been  opened  to  tiieir  ancestors  for  genera- 
tions, and  thrown  back  upon  themselves,  a  tecling  of  common 


BKCINMNdS  IN  ENGLAND 


II 


i 


disappoint nuTit  soon  camr  to  he  a  iiinding  tic  that  brought 
them  together  in  j^'roups  for  discussion  and  cx)nMr,iseration. 
This  sta^e  in  the  development  marks  the  most  imf)ortant  crisis 
in  the  slow  formation  of  the  new  order.  The  bulk  of  he  work- 
ers had  ceased  to  be  independent  producers  control.. ng  their 
nun  material,  processes  and  activities.  Not  alone  had  they  be- 
come wage  earners  and  wage  earners  only;  they  must  remain  such. 
With  every  opportunity  for  meeting,  the  members  of  this 
new  class  came  into  a  fuller  consciousness  of  the  inevitableness 
of  the  changes  and  of  the  consequences  that  must  follow  to 
themselves  and  their  families.  These  meetings  form  secondary 
causes  that  mu?'  be  added  to  the  list.  They  were  frequent. 
Many  of  them  were  merely  incidental.  Others  may  be  looked 
upon  as  having  a  purposefulncss  connected  with  them.  Groups 
often  came  together  for  reasons  purely  social.  The  "social 
I)int"  was  the  incentive  for  many  a  gathering  and  it  was  not 
long  before  conversation  quickened  by  the  cheer  of  the  occa- 
sion turned  upon  the  topic  that  must  have  been  uppermost 
in  the  minds  of  all.  The  prospects;  the  new  employers;  the 
now  regulations  and  systems  of  control;  these  certainly  did 
not  fail  to  receive  attention.  Parliament  had  for  a  long  time 
been  the  protector  of  this  class.  Petitions  had  often  been  sub- 
mitted and  had  led  to  relief.  This  new  situation  was  certainly 
one  of  sufficient  importance  to  form  the  subject  of  a  petition. 
Such  petitions  must  be  drawn  up  and  signed,  and  in  the  doing 
of  this  the  assembly  was  again  brought  into  a  realization  of 
the  importance  of  common  action.  Petitions  once  presented 
must  often  be  followed  up  by  some  form  of  agitation.  The  adop- 
tion of  certain  public  houses  by  particular  trades  as  head-* 
([uarters  where  members  of  the  trade  would  gather  for  purposes 
of  society  and  also  for  information  as  to  places  for  work  became 
exchanges  for  information  and  discussion.  The  adoption  of 
plans  for  sick  and  funeral  benefits  and  for  the  relief  of  tramp- 
ing workmen  still  further  contributed  to  the  common  con- 
sciousness. When  trouble  was  acute  the  strike  was  an  old 
weapon  and  it  was  used.  It  could  not  be  brought  into  elTect 
without  further  realization  of  the  common  interests.  Thus 
every  opportunity  for  assembly  became  in  a  sense  a  cause  of 
organization  in  that  it  quickened  and  deepened  the  feeling 
that  resistance  to  the  reduction  of  wages  and  dependence  upon 


12 


.\\  INTRODUCTION    TO  sriDV  OF  ORG  \NI/.i:i)  I.AliOR 


Itic  employer  miisl  he  dlTered  through  some  organized  activity 
if  it  was  to  l)e  effective.     It  has  been  stated  that  many  of  the 
small  masters  not  iHiiig  al)lc  to  command  the  increased  capital 
necessary  for  continuing  in  that  capacity  were  forced  to  drop 
back  to  the  dependent  class.    This  small  master  was  a  man  of 
vigor  and  initiative  or  he  would  not  have  been  a  master  at  all. 
To  him   the  lost  opportunity  came  hardest  and  doubtless  it 
was  under  his  leadersliip  that  the  new  associations  were  formed 
and    guided.      He    possessed    considerable    independence    and 
strength  of  character.    He  possessed  much  skill  and  had  !-nown 
a  high  standard  of  life.    He  was  of  the  new  class,  the  one  who 
had  been  the  most  prosperous  and  the  one  to  whom  the  new 
regime  came  as  the  hardest  blow.    From  such  came  the  leader- 
shii)  necessary  for  the  new  movement,  ^f  anvlhing  was  lack- 
ing to  force  this  consolidation  it  appearwl  in  due  time  in  the 
altitude  that  was  taken  by  Parliament.     More  and  more  this 
body  had  come  under  the  influence  of  the  new  trading  class. 
It   >vas  exercising  its  intluence  in  a   nation-wide  manner.     It\ 
now  saw  fit  to  adopt  a  general  political  policy  that  would  bring/ 
all  trades  into  line  and  protect  the  new  industrialism  that  hafj/ 
accompanied   capiuUist   expansion.     This   change  of   attitude 
completed    the    movement.      Organizations   of    la'jorers    were 
formed  in  the  various  trades.     The  special  purpose  of  these 
organizations  was  to  oppose  the  employer  in  his  eflorts  to 
secure  a  cheap  labor  market  and  to  set  up  the  standard  for  the 
long  fight  for  belter  conditions  of  labor. 

Influence  of  Inventions.  —  It  is  sometimes  said  that  labor 
organizations  came  as  a  result  of  the  inventions  of  machinery 
and  the  development  of  the  factory  system.  This  is  not  ex- 
actly accurate.  Machinery  and  factory  were  parts  of  the  great 
change  that  was  taking  place  and  came  in  common  with  labor 
associations  but  they  were  not  the  cause.  Organizations  of 
hand  labor  in  some  crafts  came  fully  a  half  century  before  the 
factory  and  its  machinery.  By  the  beginning  of  the  eight- 
eenth century  the  typical  journeyman  tailor  in  London  had 
become  a  lifelong  wage  earner.  One  of  the  earliest  permanent 
unions  was  among  the  tailors.  There  was  no  association  of 
laborers  where  the  divorce  from  opportunity  had  not  taken 

I  rr^i         t 4- - *^ii""     ■Ur»^*p»%^/-1     fVt*i    f/^rmotir\n    f\i    iininnQ 

pia,CC.        live    iii«-l.'v;;^'    ^_)  «w*.iii    :;LiCLt_iiv^    •.:i-.    ..•.!-.-* " - 

but  (lid  not  cause  it. 


BEGINNINGS  IN  ENGLAND 


«3 


PERIOD   OF    ILLEGAL   ORGANIZATION 


f 


If  the  date  fixed  by  the  Webbs  is  accepted,  unions  of  any  con-\ 
siderable  [)ermanency  can  be  traced  no  farther  back  than  1700,  V 
From  that  time  forward  for  over  a  century  the  development  was 
very  irregular.  Troubles  arose  in  various  trades  at  different 
times  and  from  a  variety  of  causes.  These  led  to  controversy, 
appeals  to  Parliament,  strikes  and  the  formation  of  an  organiza- 
tion that  assumed  some  degree  of  permanency.  Slowly  they  in- 
creased in  number.  The  members  came  more  fully  into  a  re- 
alization of  a  community  of  interest  among  the  several  groups. 
Loose  forms  of  federation  were  made  and  the  organizations  be- 
gan to  assume  the  characteristics  that  determine  the  mcKlern" 
trade  union  movement.  During  the  years  of  the  eighteenth 
century  they  took  different  names,  showing  no  comprehensive 
idea  of  what  the  movement  was  eventually  to  become.  They 
were  known  among  their  members  as  "institutions,"  "associa- 
tions," "trade  clui)s,"  "trade  societies,"  "unions,"  "union 
societies."  None  of  these  names  shows  any  comprehension  of 
the  scope  of  the  movement  that  was  to  develop  in  the  latter  part 
of  the  nineteenth  century. 

Secrecy.  —  There  are  in  the  events  of  this  eighteenth  century 
some  facts  that  are  essential  to  an  understanding  of  the  spirit  of 
present  day  unionism.  The  most  important  is  the  legal  status. 
The  history  is  full  of  traditions,  as  the  Webbs  tell  us,  of  "the 
midnight  meeting  of  patriots  in  the  corner  of  the  field,  the 
buried  bo.x  of  records,  the  secret  oath,  the  long  terms  of  im- 
prisonment of  the  leading  officials,"  all  legendary  references  not 
without  a  basis  in  fact.  [To "understand  this  situation  one  must 
recall  the  long  establishedprecedents  for  the  regulation  of  wages 
through  government  agency.  This  control  extended  to  all  the 
important  relations  between  the  wage  earner  and  his  employer, 
and  so  far  as  the  letter  of  the  law  was  concerned  they  were  bind- 
ing upon  both  parties.  In  practice,  however,  the  law  was  en- 
forced very  irregularly.  The  matter  was  not  regarded  seriously 
when  relations  were  peaceful.  The  police  authority  of  the  gov- 
ernment was  but  pc).  -jy  developed  and  there  were  no  public 
prosecutors  who  made  it  their  business  to  enforce  the  law.  Con- 
sequently associations  of  laboring  men  existed  and  in  many 
cases  no  action  was  taken  against  ttiem.    It,  however,  they  be- 


14      AN  l\TRO[)l(  riON  TO  STUDY  OF  ()R(i.\NlZi;l)  LABOR 

came  troublesome  to  an  employer  hy  askitiR  waRc^  above  those 
currently  paid  in  the  trade  or  deniantlinR  any  olher  conditions 
legally  under  government  cijmtrol,  it  was  an  easy  inatt.r  for  him 
to  proceed  against  them.   /An  appeal  to  Parliamenl  '\iuW  ^en-. 
crally  led  to  an  act  directed  against  the  trade.    One  naist  iiot 
think  that  regulation  of  laborers  only  was  the  intention  of  the 
law  at  this  earlv  period.     It  was  possible  to  appeal  to  this  same 
principle  to  restrain  the  emjiloyer  as  well.   fCi^i-^  are  recorded 
where  Parliament  on  petition  interfered  to  prei'ent  an  emi^loyer 
from  reducing  wages  below  the  current  rate.  -iThus  not  only  w;is 
the  employer  checked  l)ut  the  hearing  of  the  petition  was  a  vir- 
tual recognition  of  the  existence  of  a  union  which  m  other  cir- 
cumstances might  have  been  proceeded  against  by  parliamentary 
authoritv.    Of  course  it  may  be  said  that  this  was  not  really  a 
recognition  of  the  organization  since  Parliament  received  peti- 
tions from  groups  of  signers  without  recognition  of  any  detimte 
organization  among  them  of  a  permanent  character.     Yet  it 
d..es  seem  clear  that  though  unintentionally  this  recognition  ()i 
petition  from  men  generally  known  to  be  associated  in  a  peculiar 
way  was  virtually  a  tacit  recognition  of  the  existence  of  that 
union      So  that  while  in  point  of  law  these  associations  were 
during  the  whole  century  unlawful,  in  fact  they  were  prosecuted 
only  when  their  activity  led  them  into  some  overt  illegal  act 
that  was  particularly  troublesome  to  an  employer. 

Advantage  of  Employer.  —  Even  while  Parliament  seems  to 
have  been  somewhat  lenient  with  these  organizations,  the  fact 
must  be  noted  that  the  employer  always  had  the  advantage,  even 
if  the  law  was  impartially  applied.  Industrial  conditions  during 
the  century  were  slowly  changing  so  as  to  give  the  single  em- 
ployer an  advantage  over  his  employees.  He  employed  them  in 
larger  numbers  as  he  increased  his  yapital  and  expanded  his 
business.  Thus  the  employer  singl^handed  was  more  than  a 
match  for  his  employees  single-handed.  If  one  laborer  attempted 
to  deal  with  him  unaccompanied  by  his  fellows  he  could  scarce 
hope  to  gain  his  ends,  but  the  employer  could  without  acting  m 
association  with  anyone  discharge  his  entire  force.  Besides  this 
there  was  present  that  subtle  rec( ignition  of  common  interests 
which  early  began  to  effect  a  tacit  understanding  among  the 

,  r    ,1.:-     _!__„         /~',,»,,Kir.itir>nc      <>\-on    tflis    Parlv.    WCre 

members  o;    l;;;^  ■•^i^-=.     •-••;;: •  -- 

easier  to  prove  against  workmen  than  against  employers.    Again, 


BK(iINMNGS  IN  ENGLAND 


15 


I 


the  political  atm()S|)htrc  wa^^  not  favorable  to  the  growth  of 
these  as-ot  iations.  [Conditions  had  been  so  disturbed  during  the 
strife  of  kings,  upper  classes  and  parliaments,  that  ass(x;iations 
of  any  kind  were  looked  upon  with  suspicion.  It  was  a  political 
otTense  that  received  the  name  of  illegal  combination  or  con- 
spiracy. •^!mployers,  so  important  in  the  development  of  Kng- 
land's  foreign  trade,  could  carry  public  confidence.  Their  em- 
l)loyees,  h(.>wi'ver,  wliy<e  demands  would  mean  a  handica[)  in 
fa\i)r  of  foreign  riva+s,  could  not  ins[)ire  such  confidence.  They 
might  be  conspirators  in  disguise.  Conditions  and  e.\j)eriences 
at  home  supplemented  by  the  examples  of  the  Revolution  in 
France,  tended  to  a  high  degree  of  caution  which  easily  led  to  the 
characterization  of  all  associated  activity  of  journeymen  as  con- 
s[)iracy. 

General  Act  of  Restriction.  —  This  situation  continued  until 
lygg.  Prior  to  that  date  the  legislation  referred  to  was  regarded 
as  a  part  of  the  general  [)olicy  of  individual  regulation  applicable 
alike,  in  theory,  to  both  employers  and  their  journeymen.  The 
se\-eral  statutes  dealt  with  i)articular  groups  of  workmen  wher- 
ever and  whenever  the  occasion  required.  In  the  closing  period 
of  the  century  all  tJiesiLKyera|_acts  were  gathered  into  one  gen- 
eral statute  in  which  all  combinationT^atsoever  were  declared 
illegal.  This  law  was  reenacted  in  an  amended  form  in  the  fol 
lowing  year,  and  from  1800  for  a  quarter  of  a  century  it  stood  not 
simply  as  a  codification  of  previous  acts  but  as  a  radical  depart- 
ure from  former  lines  of  legislation.  Prior  to  this  date  it  was 
generally  the  case  that  only  when  there  was  disagreement  be- 
tween employer  and  workmen  did  either  party  resort  to  Parlia- 
ment for  the  exercise  of  old-established  methods  of  regulation 
and  intervention.  The  part  played  by  justices  of  the  peace  had 
grown  steadily  less,  leaving  wage  agreements  to  be  adjusted 
practically  by  bargaining  agreements  between  the  two  interested 
parties.  With  this  method  becoming  general  it  will  be  clear  that 
the  enactment  of  a  law  rigidly  prohibiting  combinations  of 
journeymen  worked  a  real  hardship  to  this  class.  A  single 
journeyman  could  not  do  more  than  accept  such  terms  as  an 
employer,  eager  for  profits,  pushed  by  competitors,  shrewd  and 
possibly  unscrupulous,  chose  to  oiler.  If  such  a  master  offered 
lower  wages  than  were  acceptable,  the  law  mn.de  it  an  otTense  for 
all  to  refuse  together.    There  appears  some  doubt  as  to  just  how 


.0      AMNlRoi.UIluMUMLl.VOr(.K..ANUl.lM.A.i..l< 

riKidlv  Ihis  act  of   .Soo  ua.  cnforce.l.     ITul.ahly  in  many  .n- 
an.^  s  it   was  n.,t   v.^onu.ly  a.lmini.toa;.!,  a.  .Inn-  w.^     o 
e    LpondinK  strenK.lunu.K  oi  the  adnun-.trafvc  ar.n  of  t  k 
.ovcruncnl  clurinK  that  ,Krio,l.     Kv.n  in  such  a  case  ,hc  ass 
d'  t    n   coul.l  scarcely  expect  to  pu.h  their  act.v.t.es  heyon.l  the 
r^    "if  \he  ".ocial  pint  of  porter/'  the  prov.su.n  f..r  s,cW  ,ne,..- 
HT.  and  such  as  were  "trampn-K"  m  search  ot  -      •  ^-^ 
activities  would  call  forth  no  serious  oppoMtu.n.     Hut  .t  m  > 
^llilv  he  believed,  as  there  is  evidence  >n  ..  -">--••;;"; 
,h  L.   the  employer  would  be  (luick  to  mvoke  tl.e  law   at   tra 
JhtS  .^^atincc  of  combined  resistance  to  lus  plu-  beU-n^ 
.uch   opp<  sition   became  serious.     The   numerous  arrests  an 
sucn  (.ppo-  j     J     ■        ,„ih  which  the  lau 

imprisonments  indicate  inc  reviv<.ii      ^  i.rnu-is 

was  enforced.    The  feelinR  of  journeymen  is  echoe.l  by  I  rancis 
Phc     who  writes  of  the  time:  "The  cruel  persecutions  of    he 
Ji^^inevmen  Printers  employed  on  the  Tin-  newspaper  tnM 
were  carried  t..  an  almost  incredibK    extent       .  .     No  jmlRc 
TcK  k  more  pains  than  did  this  jud«e  on  the  unfortunate  printers, 
"m.^e  it  appear  that  their  otTence  was  one  of  Rreat  cnorm  t> 
to  bit  down  and  alarm  the  really  respectable  men  wlto  had 
^lle     L  o  h^  clutches  and  on  whom  he  inflictec   scanda  ou^ly 
st  m-entences."     This  act  of  1800  is  described  again  a       a 
tremendous  millstone  round  the  neck  of  the  local  artisan  ^^ 
has  depressed  and  debased  him  to  the  earth:  every-  act  which  he 
ha   a    c^P  ed.  every  measure  that  he  has  dexised  to  keep  up  o 
ra^sc  hir4c  .  he  bos  l.-^n  told  was  illegal:  the  whole  force  of 
he  civl  powe    and  influence  of  nis  district  ha-  been  exerted 
^i  ^'h!::  becau^e  he  was  acting  illegally:  the  tnagi^^- 
acting  as  thev  believed,  in  unison  with  the  views  of  the  kgisla 
ture  to  check  and  keep  down  wages  and  combination,  re^rded, 
"Umos   every  instance,  every-  attempt  on  the  part  of  the  artisan 
to  ameliorate  his  situation  or  support  his  station  in  society  as  a 
;S     of  sedition  and  resistance  of  the  governn.en  :  ev.j 
committee  or  active  man  among  them  was  regarded  as  a  tur^ 
bZt,  dangerous  instigator,  whom  it  was  necessary  to  watch 
and  crush  if  possible." 

LEGALITY    EST.4BLISHED 

.    _  ,       .M  .u.,  „,,.,.„-^rtt-.\-  arts  of  182J.  and 

Such  condiUoiis  cMsi>.a  iiiii"  i"'- :-•-      ■•       -    .  .  „i.„i 

1825      After  the  -luarter  century  of  such  conditions,  regarded 


Hi:(,INM\(.S  IN   KNC.I.AM) 


«7 


more  and  more  as  intolfrahlf  by  I''.rij;laii(l's  working,'  classes, 
rtliil  lamc  throiiKli  tlu'  -killhil  cfforls  of  a  >mall  Kroup  of  active 
anil  (IftiTmini'd  nun.  Anions  these  the  leaders  were  Franeis 
IMare,  a  master  'ailor,  J.  R.  McCullixh,  at  that  time  editor  of  a 
provim  ial  nt'wspaper,  the  Scotsman,  and  Joseph  Hume,  a  mem- 
ber oi  rarliament  and  a  leader  in  the  radical  i)arty.  The  legisla- 
tion that  came  as  the  result  of  this  agitation  took  i)ermanent 
form  in  the  act  of  1S25  and  for  the  tirst  time  estal)li>lu(l  for 
workingmen  the  right  to  bargain  collectively  and  withhold  tlu-r 
labor  by  collective  action  for  the  purpose  of  >ecuring  better 
wages  and  conditions  of  labor. 

It  will  not  be  necessary  to  trace  farther  the  events  in  Englard. 
Up  to  this  point  the  intluence  upon  the  labor  movement   m 
America  was  very  direct.    In  fact,  it  may  be  regarded  as  a  part 
of  American  development.     The  legal  right  to  free  and open 
association  did   not  come  in   Kp'dand  until  conditions  in   the 
L'nited  Stales  became  more  unlike  those  across  the  water.    Prior 
to  that  time  and  especially  during  the  long  colonial  i)eriod  the 
law,  the  precedents,  the  traditions  and  the  spirit,  if  not  the  con- 
ditions, were  essentially  the  same  in  the  two  countries.    These 
traditions  of  Knglish  law  determined  the  legal  attitude  in  the 
colonies  and  later  in  the  commonwealths.     The  traditions  in 
the  minds  of  laborers,  established  in  generations  of  experience, 
determined  also  the  attitude  of  working  classes  in  the  same  way. 
The  spirit  of  organized  labor  in  .\merica  to-(hiy  is  very  deeply 
colored  by  the  knowledge  of  these  past  experiences  in  which 
leaders  are  very  well  versed  and  upon  which  they  continually 
draw  tor  material  to  influence  their  followers.    While  one  need 
not  look  behind  the  present   to  find  conditions  that  account 
very  naturally  for  the  existence  of  antagonism  between  em- 
ployer and  employee,  these  do  not  explain  it  fully.    To  the  legal 
opposition  of  former  centuries  one  must  look  to  explain  the 
extent  to  which  rigid  discipline  is  maintained  within  the  organi- 
zation and  upon  all  the  members,  and  the  arbitrary  manner 
in  which  laborers  are  treated  \>;ho  either  refuse  or  are  not  al- 
lowed to  become  membersXTo  the  necessity  for  a  vigorous 
lighting  organization,  a  present  day  need,  must  be  added  the 
lessons  deeply  inculcated  through  the  need  for  secrecy  and  all 
that  it  implied  in  rigorous  discipline,  arbitrary  leadership  and 
unquestioning  submission  to  its  dictation. 


•  ^..v^ 


i8      A\  IXTRODUCTTON  TO  STUD\-  Ol  ORGAM/Kl)  LaBUR 

From  this  brief  description  it  will  appear  evident  that  to 
comprehend  the  movement  of  organized  labor  it  is  necessary 
to  know  something  of  its  beginnings.  Despair  figured  largely 
in  its  inception.  A  fight  against  the  inevitable  with  the  dogged 
spirit  that  such  a  fight  engenders  marks  the  beginnings  of  this 
struggle  and  has  left  its  impression  upon  the  spirit  of  the  or- 
ganization even  to  the  present. 


CHAPTER  II 
BEGINNINGS  IN  AMERICA 

English  Influence.  —  In  the  first  chapter  the  account  related 
quitp  entirely  to  conditions  in  Fngland.  These  events  are  of 
value  in  explaining  the  development  of  the  movement  in  Amer- 
ica as  well.  It  must  he  remembered  that  so  far  as  legal  prece- 
dents and  political  principles  are  concerned  their  effects  were 
practically  the  same.  Experiences  of  workingmen,  stored  away 
and  preserved  as  traditions,  were  potent  in  shaping  mental 
attitude.  pThe  period  of  early  colonization  ran  parallel  with  the 
economic  conditions  in  England  with  but  little  division  of  labor 
and  less  division  of  industrial  functions.  There  were  the  guild 
control,  or  at  least,  distinct  traces  of  it;  developing  commercial 
activity,  both  encouraged  and  controlled  by  English  colonial 
policy;  and  the  centur\-old  methods  of  agriculture.  Settlers 
came  with  habits  formed  by  these  activities  and  view  -;  shaped 
by  tradition.  Industrial  motives,  as  compared  with  religious 
and  political,  were  of  greater  importance  in  colonization  than 
has  yet  been  generally  recognized.  These  motives  induced 
large  numbers  of  settlers  to  come  to  the  new  world.  During 
the  succeeding  century  when  communication  with  England 
was  closer  and  new  colonists  were  continually  arriving,  the 
policy  of  suppression  was  in  vogue  in  the  mother  country, 
culminating  in  the  sweeping  legislation  of  1799  and  1800  con- 
demning all  combinations  to  affect  wages  as  being  "in  restraint 
of  trade." 

Effects  in  America.  —  Here  in  America  the  conflict  was  re- 
peated. Statutes  were  enacted  regulating  rates  of  wages,  pro- 
viding punishment  for  those  who  refused  to  worl:  for  the  cus- 
tomary wage,  and  fixing  prices  of  staples.  These  enai  iments 
came  just  at  the  breaking  up  of  the  period  to  which  they  were 
adapted  and  were  of  little  if  any  practical  importance  in  effect- 
ive regulation.  It  is  doubtful  if  they  were  enforced  very  gen- 
erally.    Their  passage,  however,  indicates  that  the  theory  of 


4 ...  ■' 


"/>"' 


y 


20     AN  INTKODUCTION  TO  STUin'  OF  ORGANIZED  LABOR 

govcrnnu-nl  supervision  and  regulation  was  still  a(  ccpted  while 
in  practice  there  was  lax  enforcement  and  a  growing  tendency 
toward  more  open  bargaining.     The  development  m  the  colo- 
nies is  an  epitome  extending  over  a  comparatively  briet  per.od 
but  including  all  the  essential  stages  of  the  slower  development 
in  England.     In  i64cS  two  guild  charters  were  granted  by  the 
Massachusetts  Bay  Colonv.  one  to  the  shoemakers  and  the  other 
to  the  coopers  of  Boston.     These  guilds  were  composed  ot  ooth 
masters  and  journevmen.     Passing  through  the  several  stages 
that  marked  the  final  breaking  up  of  the  guilds  there  evolved 
later  the  subdivision  of  functions  culminating  in  the  dilTerent 
groups  as  separate  classes  organized  by  themselves:  the  Society 
of   Master  Cordwaincrs,   the   Federal   Society  of  Journeymen 
Cordwainers,    the    United    Beneficial    Society   of    Journeymen 
Cordwainers.  -all  within  the  shoe  industry.    These  stages  of 
development  were  determined,  as  has  already  been  said,  by 
traditions  brought  from  the  home  land  and  were  modified  in 
their  detail  bv  the  newness  of  environing  conditions  in  colonial 
life    the  absence  of  cumulative  precedent  with   its  powerful 
binding  force  as  it  prevailed  in   England,  the  spirit  of  inde- 
pcndenc f  and  self-assurance  that  dominated  the  settlers,  and 
the  near  approach  to  a  feeling  of  equality  that  tended  to  obliter- 
ate line^  of  class  distinction.    The  events  of  this  <levelopment, 
so  far  as  thev  are  known,  have  been  pieced  together  by  Professor 
Commons  into  a  verv  complete  story  of  the  origin  and  devclop- 
m-'nt  of  the  shoe  industry  in  America  from  164S  to  1895,  in 
the  first  part  of  which  appears  the  account  of  the  beginnings 
of  capital  activitv  through  the  accumulation  of  stock,  the  going 
out  after  trade,  'the  organization  of  the  business  so  as  to  pro- 
vide shoes  of  difiercnt  grades  of  workmanship,  booking  orders 
that  could  not  be  tilled  without  a  differentiation  of  the  labor 
in  respect  of  skill  and  wages,  all  of  which  opened  the  way  for 
the  most  aggressive  to  become  entrepreneurs  and  leaving  those 
who  lacked  initiative  to  become  workmen.    Closing  the  account 
the  author  adds:  "Thus  ha\e  American  shoemakers  epitomized 
American  industrial  historv.     Common  to  all  industries  is  the 
historical  extension  of  markets.    Variation  of  form,  factors  and 
rates  of  progress  change  the  picture  but  not  the  vital  force. 
The  shoemakers  have  pioneered  and  left  legible  records.     Their 
rarrer  is  '  intemretative '  if  not  typical."    Here  is  repeated  the 


bi;gi.\\i.\(;s  ix  a.mi.rica 


21 


story  of  the  dosiiif^  of  the  door  of  opportunity  to  the  Kss  ef- 
fuicnt,  or  those  least  able  to  keep  up  with  the  flevelopments 
in  the  e.'.pandinK  industry,  and  the  increasin<^  necessity  for 
them  to  remain  wa^e  earners.  The  development  of  the  com- 
mon interests,  the  meetings  at  which  such  interests  were  dis- 
cussed, and  the  bef,nnnings  of  permanency  in  associations 
thus  forr"'-d  are  familiar  after  the  events  related  in  the  tirst 
cha[)ter. 

FIRST    PERIOD 

To  sketch  in  brief  the  history  of  organized  labor  in  Ame"'  'a 
is  a  difficult  task.  The  time  has  not  yet  come  when  the  story 
may  be  told  in  its  fmal  form.  Some  further  agreement  in  defini- 
tion of  terms  is  necessary.  There  must  also  be  a  clearer  limita- 
tion of  periods.  New  material  is  being  brought  to  light  that 
reveals  new  facts  or  modities  the  truth  of  what  formerly  has 
been  regarded  as  settled,  ihe  progress  of  labor's  development, 
however,  lies  along  a  path  the  high  points  of  which  may  be 
indicated  though  the  intervening  portions  may  remain  for  the 
present  in  fxart  unrevealed. 

Taking  the  first  period  of  our  industrial  history  as  coming  to 
a  close  with  the  war  of  1812,  there  were  present  in  the  field  of 
labor  most  of  the  colonial  intiuences  that  shaped  all  phases  of 
industry.  Remnants  of  guild  organ '/.ation,  intluences  from  Eng- 
land through  the  close  political  ties  with  the  mother  country 
(until  the  Revolution  severed  them)  and  the  etTicts  of  England's 
trade  policy  that  continued  until  the  second  war,  the  newness  of 
the  settlements,  the  free  public  land,  the  dominating  influence 
of  agriculture,  the  sparse  population  sc?  ered  on  the  land  be- 
cause of  the  absence  of  capital, — all  these  conditions  vvere  in- 
strumental in  keeping  the  population  homogeneous  and  their 
interests  harmonious.  In  all  this  situation  the  differentiation  of 
function  had  not  proceeded  to  the  point  where  the  master  and 
journeyman  were  of  two  separate  classes.  The  door  of  opportu- 
nity was  still  open  to  the  journeyman.  By  skill,  application  and 
initiative  he  could  become  a  master  in  his  turn.  This  condition 
made  the  journeyman  stage  an  apprenticeship,  in  fact  a  stepping 
stone  to  a  higher  economic  plane. 

Organizations.  —  In  this  period  there  were  organizations 
among  laborers,  iust  as  there  were  organizations  in  other  grouns. 


22      AN  IXTKonUCTIOX  TO  STUDY  OF  ORGANTZKD  LABOR 

They  had  trade  interests  to  protect  and  tlic  purpose  of  the  as- 
sociation was  to  protect  them.  A  reduciion  in  rate  of  wa^es 
would  not  infrequently  cause  such  an  association  to  be  !•  ■nied. 
Constitutions  and  by  laws  wer  i)ted  and  put  into  operation. 

The  elTort  was  quite  generally  cd  in  the  direction  of  securing 
what  now  would  be  called  the  "clo>ed  shop."  At  least  those 
societies  that  have  left  any  trace  have  done  so  through  this  sort 
of  struggle.  One  of  the  rules  was  that  members  of  the  society 
should  not  work  for  nny  master  who  cmploved  a  journeyman 
not  a  member  of  the  organization.  This  policy  on  the  part  of 
these  early  societies  was  of  course  resisted  and  denounced  with 
vigor,  as  the  records  abundantly  show. 

In  this  period,  then,  is  to  be  found  a  laboring  population,  with 
some  degree  of  organization.  The  laborers  had  not  yet  become  a 
class  with  class-conscious  motives.  The  organization  was  tran- 
sient and  local.  There  was  no  labor  movement.  Traces  of 
what  wa>  later  to  develop  into  a  movement  may,  perhaps,  be 
found,  and  it  is  the  discovery  of  these  traces  that  probably  leads 
some  writers  erroneously  to  speak  of  this  period  as  "The  In- 
ception of  the  Labor  Movement."  "  Little  or  nothing  was  heard 
of  labor  organizations  in  America  one  hundred  years  ago," 
writes  Professor  Ely,  in  1886  in  The  Labor  Movement.  "I  6nd 
no  traces  of  anything  like  a  modern  trades-union  in  the  colonial 
period  of  American  history,  and  it  is  evident  on  reflection  that 
there  was  little  need,  if  any,  of  organization  on  the  part  of 
labor  at  that  time." 

Early  Societies.  -  Among  these  early  societies,  most  were 
formed  toward  the  close  of  the  period.  The  societ\'  of  ship 
calkers.  known  as  the  Calkers'  Club,  existed  as  early  as  1724.  Its 
name  would  indicate  that  it  was  a  trade  society,  but  i'.s  purpose 
was  in  fact  largely  to  control  the  selection  of  political  officers. 
It  was  a  political  society.  Not  until  the  opening  years  of  the 
nineteenth  century  did  trade  societies  appear  in  any  number. 
In  180,^  the  New  York  Society  of  Journeymen  Shipwrights 
was  incorporated.  In  the  same  city  three  years  later  the  house 
carpenters  were  organized.  The  same  year  witnessed  the  for- 
mation of  a  society  of  tailors.  While  the  close  of  this  period 
has  been  arbitrarily  fixed  with  the  war  of  1S12.  the  influences 
continued  a  few  years  after  the  war.  In  18 19  an  association  of 
hatters  was  organized,  and  111   iSjj  ine  >iiip\vi ignis  organizca 


BEdrWINGS  I\  AMI.RFtA 


23 


under  the  formidable  name  of  CoIumi)ian  Charital)Ic  Society 
of  Shipwrights  and  Calkers  of  Boston  and  Charlestown.  This 
society  was  chartered  by  the  state  legislature  in  the  following 
year.  The  comi)osilors  of  Xew  York  were  organized  in  the 
early  years  of  the  century  as  the  Xew  York  Typographical 
Society.  The  exact  date  is  not  known,  though  Thurlow  Weed 
was  elected  to  membership  in  1817. 


SECOND   PERIOD 

The  second  period  of  our  industrial  growth  extends  from  the 
war  of  181 2  to  the  Civil  War.  In  industry  its  characteristics 
were  the  growth  of  the  factory  system  and  the  beginnings  of  the 
acrgregation  of  capital.  This  development  was  influenced  on 
tile  financial  and  political  side  by  important  developments  that 
have  left  their  permanent  impress  upon  the  period,  such  as  the 
irregularity  in  banking  laws  and  practices,  variation  in  prices, 
the  differing  policies  in  controlling  the  public  lands,  the  tariff 
changes,  the  extension  of  the  suffrage,  and  finally  the  growing 
importance  of  the  slavery  controversy.  It  was,  especiaiiy  in 
the  first  half,  an  era  of  active  political  discussion  with  great 
issues  of  moral  reform  that  touched  very  intimately  the  lives  of 
all  classes.  In  this  agitation  the  workers  were  directly  interested 
and  took  a  very  active  part. 

Moral  Awakening.  —  Efforts  to  assign  definite  causes  for  this 
period  of  general  moral  awakening  have  met  with  but  partial 
success.  Doubtless  many  agencies  worked  together  to  bring 
aliout  one  of  those  eras  that  every  people  experiences  at  inter- 
vals, a  period  of  awakening  moral  sense  and  a  more  searching 
examination  into  existing  conditions. 

Communism.  —  The  forces  of  the  period  were  cumulative  and 
did  not  begin  to  assert  themselves  in  a  noticeable  way  until 
about  1825.  The  situation  was  favorable  to  the  visit  in  1824 
of  Robert  Owen,  the  manufacturer,  philanthropist,  reformer  and 
social  experimenter,  who  had  already  made  his  influence  felt 
in  England  and  whose  fame  preceded  him  to  .America.  He  was 
received  with  enthusiasm  and  listened  to  with  thoughtful 
attention.  His  plans  were  adopted  by  some  of  his  most  ardent 
admirers  and  American  life  had  its  experiences  in  Communistic 
settlements.    Owen  hrnncrhf  a  mnccnrro  r^(  i,r,;,.,^..^ni  1 — ii 1 1 


24      AN  INTRODrCTION  TO  STIDV  ()!•  OKtlAMZKD  I.AHOR 

and  prcaciicd  it  with  great  earnestness.  Fourierisni  added  to 
the  Mrength  of  the  c  urrent  of  the  movement  and  led  to  the  two 
notal.le  experiments.  New  Harmony,  established  under  the 
immediate  direction  of  Owen,  and  Brook  Farm,  an  experiment 
more  directly  connected  with  the  leachmgs  of  Fourier.  In 
addition  to  these  two  there  were  during  the  years  that  immedi- 
ateiv  followed  i)rot)abiy  no  less  than  two  hundred  other  set- 
tlements in  dilTerenl  parts  of  the  country.  None  of  them  proved 
to  be  long  lived.  Their  influence,  however,  was  more  enduring, 
continuing  for  a  quarter  of  a  century  or  more.  Owen  directed 
attention  particularly  to  the  lives  of  the  laboring  classes.  His 
experiments  were  mad-  in  their  behalf.  It  was  they  whom  he 
interested  particularly. 

The  Suffrage.  —  Another  fact  of  immediate  importance  in 
this  connection  was  the  general  extension  of  the  sutTrage  at  the 
beginning  of  the  period.  The  laborer  profited  most  by  the 
change.    A  new  door  of  opportunity  was  opened  to  him. 

Thus  were  brought  together  the  three  factors  that  determined 
the  course  of  the  labor  development  for  the  period.  The  general 
moral  awakening  afTorded  the  nourishing  atmosphere  for  the 
movement.  Owen's  agitation  directed  attention  to  the  needs 
of  the  worl:ers  in  particular  and  to  some  plans  for  satisfying 
these  needs.  Finally  the  ballot  appeared  as  the  instrument  by 
which  these  advantages  were  to  be  secured. 

Various  Reforms  Advocated.  -  By  no  means  must  il  be  con- 
cluded that  the  agitation  of  the  period  centered  about  the  or- 
ganization of  labor.    This  was  but  one  of  the  issues  and  at  first 
hardly  heard  of.    No  period  of  our  history  has  surpassed  this  in 
the  number  of  issues  and  the  amount  of  discussion  called  forth. 
'T^h.'  period,  savs  Professor  Commons,  "far  outran  the  other 
periods  in  its  unbounded  loquacity,"  in  which  "a  medley  of 
movements"  were  topics  for  discussion.    "  It  was  the  golden  age 
of  the  talk-fcst,  the  Ivceum,  the  brotherhood  of  man— the  'hot 
air'  period  of  American  history,"  with  Robert  Owen  the  inspirer 
and  Horace  Greeley  its  "prophet,"  the  "Tribune  of  the  People." 
This  is  not  the  place  to  enter  upon  a  discussion  of  the  reforms 
inaugurated  during  this  interesting  period  of  American  history. 
Yet  a  brief  recital  of  some  of  them  shows  the  scope  of  the  agita- 
tion.    In   .iddition    to  slavery   there   were   woman's   sufTrage, 
mechanics'  lien,  reform  of  the  militia  system,  shorter  hours  of 


ni;{,i.\NiNc;s  i.\  ami.ki'ja 


25 


work,  abolition  of  imprisonment  for  (icl)l,  cxcm,  lion  laws,  land 
reforms,  a  general  bankrupt  law,  free  schools,  al)oliiion  of 
lotteries  and  the  auction  system. 

Prices.  -  It  was  with  this  background  of  development  that 
labor  organizations  were  supported  in  this  period  of  iheir  his- 
tory. A  situation  more  immediately  affecting  their  progress 
was  the  change  in  prices  and  the  \ariable  prosperity  of  the 
period.  The  editors  of  the  Documentary  History  of  American 
Industrial  Society  attach  such  importance  to  these  that  the 
periods  are  divided  with  reference  to  .hem.  "Each  upward 
turn  of  the  curve  of  prices  points  to  a  period  of  business  pros- 
perity, each  pinnacle  is  a  commercial  crisis,  and  each  down- 
ward bend  is  an  index  of  industrial  depression.  During  tiie 
time  when  the  level  of  prices  is  rising,  employers  generally 
are  making  profits,  are  multiplying  sales,  are  enlarging  their 
capital,  are  running  full  time  and  overtime,  are  calling  for 
more  labor,  and  are  able  to  pay  higher  wages.  On  the  other 
hand,  the  cost  of  living  and  the  hours  of  labor  are  increased, 
and  workmen,  t'irst  as  individuals,  then  as  organizations,  are 
impelled  to  demand  both  higher  wages  and  reduced  hours. 
Consequently,  after  prices  are  well  on  the  way  upward  the 
'labor  movement'  emerges  in  the  form  of  unions  and  strikes, 
and  these  are  at  first  successful.  Then  the  employers  begin 
their  counter-organization,  and  the  courts  are  appealed  to. 
The  unions  are  sooner  or  later  defeated,  and  when  the  period 
of  depression  ensues,  with  its  widespread  unemployment,  the 
labor  movement  either  subsides  or  changes  its  form  to  polit- 
ical or  socialistic  agitation,  to  ventures  in  cooperation  or  com- 
munism, or  to  other  panaceas.  This  cycle  has  been  so  consist- 
ently repeated,  although  with  varying  shades  and  details, 
that  it  has  compelled  recognition  in  the  selection  and  editing 
of  the  document"-  .  *"  this  series." 

Characteristics  of  the  Period.  —  .\lthough  this  middle  pe- 
riod is  the  period  of  the  beginning  of  labor  problems  and  labor 
organization,  it  must  not  be  inferred  that  either  problems  or 
organizations  were  the  same  as  to-day.  The  problems  were 
those  of  a  new  country.  The  organizations  were  of  quite  a 
different  type,  combining,  especially  in  the  earlier  part  of  the 
period,  much  more  of  the  political  than  those  of  the  later  time. 
The  new  country  made  the  tnited  States  a  "land  of  promise" 


26      AN  INrkOI.rCTION  TO  STUDY  OK  OROAMZKD  LABOR 

for  laborers.    Thc-v  were  so  much  aware  of  their  position  that 
their  attitude  impressnl  visitors  from  Europe  as  stnkmg.     I  hesc 
men  formed  associations,  as  cHd  all  other  men,  for  a  great  va- 
rietv  of  nurposes.    DeTocqueviUe  was  impressed  with  our  ge- 
niul^^r  ^Zciation.  '' Amc'ricans  of  all  ages,  all  conditions  and 
all  di>positions  constantly  form  associations.  _   Ihey  have  no 
only  commercial  an.l  manufacturing  comp.niee,  m  which  all 
take  part    hut  associations  of  a  thousand   jther  .unds,       rc- 
igiou  ,  moral,  serious,  futile,  general  or  restricted,  enormous 
or  diminutive.  .  .  •  Wherever,  at  the  head  of  some  new  under_ 
taking    vou  see  the  Government  in  France,  or  a  man  of  rank 
n  England,  in  the  United  States  you  will  be  sure  to  hnd  an 
association.  ...  The  English  often  perform  g^eat  things  sin- 
gle   whereas  the  Americans  form  associations  for  the  smallest 
undertakings."     The  unusual  degree  of  independence  of  the 
."rklngmen  impressed  those   who  were  -re  ac-tome^^ 
the  conditions  in  Europe.     Martineau  notes  that     There  are 
troubles  between  employers  and  their  workmen  m  the  Umted 
States,  as  elsewhere;  but  the  case  of  the  men  is  so  much  mo  e 
in  their  own  hands  there  than  where  labor  superabounds   tha 
strikes  are  of  a  very  short  duration.  .  .  .  M    the  strikes  I 
heard  of  were  on  the  question  of  hours,  not  of  wages.       The 
same  idea  is  found  again  in  the  following  description  written 
SuSa.  "It  must  not  be  dissembled  that  there  are  circumstances 
which'  render  it  disagreeable  to  carry  on  manufactures  in  Amer- 
ica    The  workmen  are  under  very  little  subjection:  sometimes 
thev  are  absent  from  their  work  for  several  days,  to  the  grea 
det'riment  of  the  employer;  but  should  they  be  repnmanded   it 
might  cause  the  proprietor  to  be  insulted;  and  the  indignation 
of  the  working  people  in  this  land  of  equality  is  really  to  be 
dreaded.    Those  workmen  who  are  attentive  and  of  economical 
hXits  soon  acquire  a  little  property,  and  with  this  they  buy  and 
and  quit  their  former  employers,  for  all  species  of  servitude 
is  disliked  in  the  United  States."  ,,„A  t„r 

Workers  and  Non-Workers.  -  In  order  to  understand  fur- 
ther the  nature  of  the  problems  of  this  period,  it  must  be  under- 
stood that  the  movement  was  not  so  much  one  of  the  working- 
men  against  their  employers.  It  was  rather  a  demonstration 
"  .u... .»!-..=  ■.^c^\r^^t  the  non-workers.  Industry  had  not 
deveioped"'irt'he"point  where  it  was  no  longer  witl/.n  the  ex- 


BEorwiNCis  r\  a.mkkka 


«7 


pectation  of  the  journeyman  to  become  a  master,  or  of  the 
workman  t  >  become  a  small  emj.loyer.  The  free  or  cheap 
larui  cont-ibuted  much  to  this  feeling  of  independence  and 
helped  t(  ontinuc  a  feeling  of  common  interest  l)etween  all 
those  who  worked.  Improved  methods  of  transportation,  the 
wider  use  of  credit  through  the  increasing  number  of  banks  and 
other  agencies  that  widened  the  market  had  resulted  in  the 
dilTerenliation  of  the  "merchant-capitalist"  who  was  in  [)osi- 
tion  to  dictate  conditions  to  both  the  journeyman  and  the 
master.  The  evidence  gathered  in  the  Documentary  History 
shows  that  the  journeymen  were  reluctant  to  break  away  from 
the  masters  and  at  the  same  time  the  masters  were  inclined 
to  choose  the  side  of  the  journeymen  against  the  capitalist. 
"We  would  not  be  too  severe  on  our  employers;  thev  are  the 
slaves  to  the  capitalists  as  we  are  to  them."  "The  boss  is 
often  brought  back  to  journeywork  by  hard  luck,  and  the 
journeyman  may  expect  in  his  turn  to  become  an  employer, 
while  both  of  them  are  invariably  imposed  upon  and  treated 
as  if  belonging  to  an  inferior  grade  of  society  by  those  who 
live  without  labor." 

Taking  up  the  thread  of  association  it  is  found  that  in  a  sense 
it  was  continuous  from  the  former  period  into  the  one  under 
present  discussion.  These  earlier  associations  were  essentially 
transitory  and  local.  Some  of  them  have  been  aggressive, 
as  the  printers  (1786)  and  the  cordvvainers  (17Q4).  These 
associations  were  limited  to  a  particular  trade.  Their  activity 
led  to  charges  against  them  at  court  and  to  trials  for  conspiracy. 
Vet  the  whole  difTerence  lies  in  the  statement  that  "an  isolated 
society  might  create  a  disturbance  —  not  until  it  united  with 
others  could  it  create  a  'movement.'" 

Labor  Literature.  —  During  this  period  appeared  the  begin- 
nings of  a  distinctly  labor  hterature.  The  first  .\merican  labor 
paper,  The  Mechanics'  Free  Press,  was  established  in  1828. 
In  the  following  year  the  two  brothers,  George  and  Frederick 
Evans,  who  had  come  to  America  five  years  before,  began  the 
publication  of  the  Working  Man's  Advocate.  Later  these  same 
men  edited  two  other  papers,  the  Daily  Sentinel  and  Young 
.America. 

Qrganizfltinns-  —  Tf  is  not  riossihip  fa  rifirrib.o  in  Art^U  thn 
various  organizations  that  were  formed  in  this  awakening  pe- 


2S    A\  iNiR()i)i(  rioN  TO  sTrnv  or  okt.AM/.i  d  i.M'.or 

liod.     Ikirf  mtiitiun  (il    llu'  iiKirc  imixiriant   oius  will   suflice 
to  ..how  liow  the  si.irit  of  the  day  ixpn-.i.l  itself.     'Ihe  first 
lahor  niovcmciU  that  invoKr.l  more  llun  a  single  trade  was 
the  Mechanics'  Union  of   Trade  A>so(  iaiions.     The  carpenters 
,.l  I'hiladelphia  had  struck  for  a  ten-hour  day  in  1.S27  and  had 
not    succeeded    in    carrying    their   point.      Other   trades   canie 
to  the  support  of  the  carpenters  and  an  or^'anization  was  effected. 
It  formed,  perhaps,  the  first  city  centr.d  union.     It  is  i)robable 
tint  at  one  time  it  embraced  as  many  as  fifteen  societies.    This 
union  went   into  politics  to  i^iun  its  ends.     Il  undertook   the 
organization  of  a  Workingmen's  Party  and  named  candidates 
for  ofTices  at  elections.    This  it  continued  to  do  for  four  years 
until  after  the  election  of  18,^1.    After  this  date  it  disappeared. 
'I'lu'  withdrawal  is  said  "not  to  have  l)een  duo  to  defeat  but 
to  two  other  causes:   first,  discouragement  over  inability   to 
increase   the  voting  strength  of   the  party  beyond  a  certain 
fixed  point  (a  maximum  of  from  Soo  to  1,000);  and.  second, 
the  overshadowing  importance  during  the  next  yea.    ..'  ques- 
tion>  of   national   politics  upon   which   the  working  men  had 
from  the  beginning  declared  themselves  neutral." 

The  First  Trades'  Union.  —  A  further  interest  attaches  to 

this  particular  organization.     It  can  lay  a  valid  claim  to  being 

the  first  trades"  union;  not  alone  the  first  in  America,  but  the 

first  of  its  kind  in  any  country.     Inasmuch  as  this  origin  has 

been   commonly   associated   with   England,   the  contention  of 

Professor  Commons  is  important.     "England  is  considered  the 

home  of  trade-unionism,  but  the  distinction  belongs  to  Philadel- 

I  )hia.    The  first  trades'  union  in  England  was  that  of  Manchester, 

organized  in  1829,  although  there  seems  to  have  been  an  at- 

temi)t  to  organize  one  in  1824.     But  the  first  one  in  America 

was  the  'Mechanics'  Union  of  Trade  Associations,'  organized 

in  Philadelphia  in  1S27,  two  years  earlier.    The  name  came  from 

Manchester,  but  the  thing  from  Philadelphia.     Neither  union 

lasted  long.     The  Manchester  union  lived  two  years  and  the 

Philadelphia  union  one  year.     But  the  Manchester  union  died 

and  the  Philadelphia  union  metamorphosed  into  politics.    Here 

again  Philadeli)hia  was  the  pioneer,  for  it  called  into  being  the 

first  labor  party.    Not  only  this,  but  through  the  Mechanics' 

Union    Fiuiaeiiipiiia    siarica    i;:L;uu.L;:v    i::-    ■■■■■■-■-    ••-■0 

paper  ever  published,  —  The  Mechanics'   Free   Press,  —  ante- 


Hi:(.IN.\I.\(,.s   IN   AMIUICA 


29 


datinq,  in  JaiUKirv,   iS.'S,  tin-  lirsi  similar  journal   in  England 
by  two  years." 

Workingmen's  Parties.       In   iS:g  hc^an  the  ixisttruf  of 
the  Uorkiiii;  Men's  Party  ol  New  N'ork.     This  orj^ain'/at ion  ex- 
liiuicd  rapidly  and  in  the  next  year  it  was  found  throughout 
the  state  generally.     Its  struggle  was  essentially  to  retain  the 
ten-hour  da}'  already  generally  secured  in  some  of  the  'rades. 
It  put  in  nomination  candidates  for  political  otlice  ii    .uding 
a  nomination  for  governor  of  the  state.     Its  success  was  not 
gnat  as  it  polled  less  than  ,^,000  votes.     It  ran  upon  the  rocks 
of  factionalism  and  was  split  into  three  dilTerent  organizations, 
which  later  were  absorbed  by  the  larger  regular  |)arties.      In 
New  England  the  movement  took  on  a  more  general  form  as  is 
indicated  in  the  name  of  the  organization:  The  New  Ilngland 
Association  of  Farmers.  Mechanics  and  Other  Working  Men. 
This  association  spread  to  all  of  the  Xew  England  states  excei)t 
New  Hampshire.     It  even  went  so  far  as  to  di.scuss  the  plan  of 
calling  a  national  convention.     The  movement  yituled  to  the 
tendency  toward  trade  unions  with  the  more  definite  demands 
of  trade  policy.     The  conventions  of  this  as.sociation  entered 
u[)on  the  discu.ssion  of  the  general  program  of  reform  embracing 
all  of  its  main  features.    It  included  such  topics  as  the  relation 
of  employer  and  em[)loyee,  the  ten-hour  day,  the  right  of  la- 
borers to  organize  to  protect  their  interests  and  the  probability 
of  trades  unions  as  a  factor  in  diminishing  strikes  and  lockouts. 
In  New  York,  in  1833,  was  repeated  the  e.xperience  of  Phila- 
delphia a  few  years  before.     The  carpenters  struck.     .Se\eral 
other  trades  came  to  their  su[)i)ort.     The  printers,  taking  the 
lead,  called  a  convention  of  all  trades  and  nine  scx;ieties  re- 
sponded by  sending  delegates.     Thus  was  formed  the  General 
Trades'  Union  of  New  York  and  Vicinity.     The  activities  of 
this  association  were  not  so  generally  political.     Conventions 
were  held  annually.    The  second  year  of  its  existence  twenty- 
one  societies  were  represented.     The  next  year  the  numbers 
were  swelled  by  representation  from  Newark  and  a  monster 
procession  was  organized  "a  mile  and  a  half  long."    The  asso- 
ciation was  particularly  active  in  supporting  strikes,  sending 
aid  and  encouragement  as  far  away  as  Boston  and  Philadel{)hia. 
So  aggressive  was  it  that  n  case  was  made  in  mnrt  chnr^'.^r.-.r 
the  leaders  with  conspiracy.     Twenty  of  them  were  arrested 


30    AN  IN  iKoDit  HON  i(»  ^ii  "V  <>»•  nk(;.\M/.i.i>  i.ahok 

and  (.mvidfd.     The  .uiUcmf  -f  ll.i>  trial  was  the  omvcninR 
,,l  a  ina>s  mcrtinK  of  l>r..t.-.t   with   27.000  in  attcmlaiu  r,  and 
,tu-  formation  of  a  partv.  tiu-  i;<iual  Rights  Party,  doman(hnK 
csptciallv  ttu   rqx'al  of  tho  conspiracy  hiws  and  the  ntonn  ot 
the  judi.'ial  sv.tini.    Thus  a^ain  the  niovoment  ended  m  ix.htirs. 
A  eonipani'on  to  this  orKani/ation  was  the  one  in  Philadelphia, 
the  C.eneral    Irades'  Union  of  the  City  and  County  of  Phila- 
delphia  lornie.l  in  IS,^    Thi>  be^an  with  the  factory  operatives 
and  wa.  taken  up  hv  the  mechanics.     It  besan  with  the  uiuon 
ol  twelve  >ocielies  and  by  1S36  it  numbered  lifty  societies  with 
,0000  members.     It  was  agRressive  in  the  supix.rt   «'f  strikes 
and   "inerallv  successful.     Its  existence  continued   until   i8,^Q. 
The  minutes'  >h.,w  it   to  have  beiMi  "a  very  active  and  very 
powerful    force  in  the  industrial  life  of  Philadelphia.       These 
ma\  be  taken  as  t>i)ical  of  trades  unions  formed  in  other  cities 
durins:  the  decade  prior  to  i.H?7. 

National  Organizations.    -The  natural  outcome  of  these 
various  trades  unions  was  the  formation  of  one  on  a  nationa 
scale      In    [S:i4  an  invitation  was  sent  out    from  the  (.enerai 
Trades'  Union  of  the  City  of  New  York  and  Vicinity  for  a  dele- 
gate convention  to  meet  in  New  York.    The  first  response  was  a 
meetirifi  with  thirty  delegates.     Its  purpose  was  purely  discus- 
sion     The    constitution    that    it   adopted    created    merely    a 
national   nK'dium  of  agitation  with  no  administrative  or  dis- 
ciplinary control  over  locals.     FindinK  that  its  suggestions  were 
not  acted  upon,  the  third  convention  revised  the  constitution 
making  an  organic  change  in  tlie  nature  of  the  organization. 
The  national  union  was  strengthened.     Its  acts  were  no  longer 
merely  advisory;  they  were  binding  upon  the  locals.     It  also 
institut.'d  a  stronger  financial  control.    Thus  in  a  smaller  way 
was  repeated  the  experiences  of  the  nation  under  its  Articles 
of  Confederation  and  the  " critic  1^,  period"  resulting  in  the  n.w 
constitution.     The  new  strength  if  the  union  was  almost  im- 
mediately turned  in  the  directioi.   of  the  support  of  strikes. 
The  extent  of  this  union  was  not  national  in  much  more  than 
name     It  was,  according  to  the  DiKumentary  History.  "  merely 
an  union  of  what  would  now  be  called  'city  central  bodies'  and 
of  local  trade  unions.    No  provision  was  made  for  the  represen- 
r      .-       1  ^_- J    ..„: •'    TV.U  ^roranizafion  disanncarcd 

la.llOri  01  uaiiOna.   L:.i'.-.r  „.::•„.:-  ■•         •- 

in  the  panic  of  1837. 


Ui:(.l.\M.\(,s   IN   .\M|;R|(  A 


31 


# 


An  oulurowth  of  tlu'  National  Trades'  Tnion  was  the  forma 
tion  of  national  trade  union^.  iMillowinj,'  a  meeting  of  the 
(on\irition  ol  the  for  r  .n  is-^  the  ( ordwainer^  who  were 
in  attendann'  remained  an<i  Ix^an  or;,'ani/.in;,'  their  trade  on  a 
national  scale.  I'heir  I'lrst  convention  was  hdd  in  the  followin" 
year.  Its  constitution  made  special  |)ro\  i>ion  for  the  support 
of  strikis  that  were  undertaken  hy  any  of  the  associations  in 
the  union.  Forty-(i\e  delegates  were  in  attendance  represent- 
ing' live  states.  It  is  known  that  >-alls  were  issued  for  ^ub.se- 
((uent  conventions  hut  no  record  is  found  to  show  that  the  con- 
\entions  met.  In  the  next  two  years  at  least  five  national  trade 
unions  were  formed  by  uniting  local  trade  societies  within  each 
trade.    The  panic  of  18,57  checked  this  movement. 

Two  Classes.  —  It  will  be  noticed  that  the  nature  of  these 
associations  makes  it  possible  to  divide  them  into  two  (juite 
distinct  classes.    The  earlier  ones  looked  more  directly  to  polit- 
ical action  as  the  best   means  of  accomplishing,'  the  f)uq)oses. 
Later  the  political  nature  yielfjed  to  the  more  limited  policy 
of  union  activity  through  method.s  such  as  the  strike  and  the 
attendant  activities  of  collective  bargaining.     The  fate  of  the 
earlier  associations  was  a  lesson,  and  guided  by  this  experience 
they  refrained  from  entering  upon  political  or  party  contests. 
The  democratic  spirit  and  the  optimistic  attitude  toward  the 
jiossihilities  oi  the  ballot  were  followed  by  the  sobering  etTects 
of  e\i)erience  and  the  newer  ix)licies  were  turned  to  quite  uni- 
formly.    The  material  gathered  in  the  Documentary  History 
leads  its  editors  to  name  the  year  1S32  as  the  di\idi'ng  line  in 
these  activities.     The  more  distinct  trade  union  activities  ap- 
peared in  1S35.     Out  of  the  agitation  of  this  period  came  the 
more  vigorous  action  of  the  new  trades  unions.     "Although 
the  trades  unions  existed  prior  to  1835,  it  was  not  until  that 
\ear,  with  its  rise  in  prices,  that  they  awoke  to  vigorous  action." 
Number  of  Members.  —  It  is  quite  impossible  to  give  an  ac- 
i  urate  idea  of  the  number  of  the  membership  of  societies  in  this 
|)eriod.     Some  facts  are  doubtless  interjjretative,  howe\er.     In 
some  cities  the  ratio  of  members  to  non-members  among  working- 
men  was  as  high  as  it  is  at  present.    In  1S36  the  trades  unions  of 
Philadelphia  consisted  of  forty-eight  separate:  and  independent 
societies.    Two  of  these  rLaimpH  to  h:iv."  .--..'vs  mi-rrA-.ir-^  a-.-u  .....< 
four  more  claimed  700  each.    At  the  time  of  the  formation  of 


32      AN  INIRCDUCTION  TO  -rUDV  OF  ORGANIZED  LABOR 

the  National  Tra.les'  Union,  in  .834,  it  was  estimated  that  there 
™  t,  3,0  numl^ers  of  societi^-s  distributed  =^^ J"!  -^-=^^^. 
Yo'k'and  l!ro<,klvn,  11,500;  Philadelphia,  6.000;  Boston,  4,000, 

^t^;;il^PeS'-'i?S;SrrVS;oUhis  period 
th.^>rc?that  uerc  stru,,ling  for  expression  were  numerous 
1  complex.  Owen-s  return  to  America  m  i.Mo  was  marked  by 
:  r  vi^•a  of  the  cooperatiNe  and  assoc.ationist  philosophy  El- 
eemo  vn  irv  plans  in  considerable  variety  were  preached  and 
Z  u  ^veral  h-aders  voiced  the  hopes  o  the  -asses  m 
Me  and  writing,  an.l  ur.ed  that  steps  be  taken  toward  the 
iz  tH  of  these  hopes.  The  detailed  analysis  of  these  forces 
can  fnil  <  space  in  this  brief  sketch.  The  various  plans  and 
heor  s  Id  to  the  formation  of  numerous  organizations,  con- 
^^-n       s    itograms  and  settlements.    The  laborers  were  aliv 

mc'n-em^nt.  The,  were  susceptible  to  ever>^  new  thin,  and 
am  .n<^  them  were  found  followers  of  ever>'  program.  The 
td  k  tnu  e-uni..n  movement  (of  1S50),"  according  to  the  Doc- 
um  tlr^  li^torv,  "in  New  Y.,rk,  Boston  and  Pittsburgh  was 
™t^.'  vi  h  the  idea  that  ccx^peration  oflered  the  best  mode 
o^pSection  to  workmen  and  the  ultimate  means  of  solution 

fur  the  problems  of  labor."  mrrpnts 

Accompanying   these  newer  movements   the  older  cumn^ 
continued     Newer  elements  came  in  to  reinforce  them.    At  th. 
S"  the  period  they  had  acquired  added  force  through  the 
ormation  o    women's  organizations,  resulting  f-"""^  ^he^  in- 
;:duction  into  industr>.  with  the  factory  and  ^^^^^ 
oramizitions  of  unskilled  workmen  who  also  entered  the  tieia 
svui  Ih     ncrea.ing  use  of  machinery;  and  of  organization  xmong 
™    as  their  number  increased  through  the  immigration 
;e  n  ri  Hi     The  tendency  toward  national  trade  associations 
1 ';Xkened,  too,  through  the  widening  of  the  mai^  arid      0 
area  of  competition  as  a  result  of  the  expansion  of  the  grouin. 

i;ro;:C^ng  of  ..fifties  the  si.^^ 

'  Ims  urge  1  in  their  i.n  v.r  was  passing.  The  mox-e,nent  of  the 
tZ  c.'.bined  the  necessary  and  -mediate  rehef  measure, 
such  as  the  strike  wilh  ihe  more  iar-rec;i.:ui.e  ^■-^■=-  •• 


BEGINNINGS  IN  AMERICA 


33 


ccKJperation.  This  combination  disappeared  with  the  beginning 
of  the  fifties.  Rising  prices  forced  the  necessity  for  immediate 
results.  In  respons'.-  to  its  demands  the  woricingmen  "broke 
away  from  the  beneficial  and  cooperative  sideshows  of  the  pre- 
ceding ten  years." 

THIRD   PERIOD 

But  for  the  interruption  of  the  Civil  War  the  beginnings  of  the 
I^resent  period  might  have  been  dated  earlier.    Already,  in  XS55, 
the  change  was  becoming  evident.    Trade  unionism  was  taking 
on  its  modern  form  and  policies.    The  wave  of  general  reform 
was  passing  and  the  undercurrent  beginning  again  to  assert  its 
force.     Joined  with  the  forces  that  had  been  slowly  gathering 
momentum  during  the  period  of  confusion  it  appeared  as  a  new 
type,  a  "pure  and  simple"  unionism.    Shorter  hours  and  higher 
pay,  formerly  the  leading  issues,  now  were  joined  to  issues  of  ihe 
minimum  wage,  the  closed  shop,  the  restricuon  of  apprentices, 
and  the  secrecy  of  proceedings.    As  characterized  by  the  editors 
of  the  Documentary  History:  "  It  steered  clear  of  all  programs  of 
social  and  political  reform,  and  confined  its  activities  to  improv- 
ing the  conditions  of  the  trade.    Its  main  weapon  was  the  strike; 
Its  aim  to  establish  a  minimum  wage  for  the  trade  and  to  main- 
tain it  by  means  of  a  closed  shop.    This  new  and  limited  program 
made  possible  trade  agreements  between  unions  and  employers, 
which  fixed  for  a  stated  period  the  wages,  hours,  and  other  condi- 
tions of  employment." 

The  close  of  the  Civil  War  ushered  in  a  new  period  in  industry-. 
Since  that  day  organization  lias  been  the  magic  word  throughout 
the  entire  field.  Accompanying  the  centralization  of  industry 
into  large  units  there  has  been  a  rapid  concentration  of  labor 
organizations.  Locals  have  been  gathered  into  central  bodies; 
these,  in  turn,  into  state  federations  and  finally  into  great  na- 
tional organizations.  Along  trade  lines  also  the  locals  have  been 
gathered  up  into  great  national  and  international  unions  with  a 
jurisdiction  covering  the  United  States  and  Canada.  The  lines 
of  these  numerous  associations,  analgamutions  and  federations 
run  out  into  a  network  of  great  complexity. 

The  Beginnings.  —  The  beginnings  of  the  movement  extend 
back  into  the  years  just  preceding  the  war.  It  was  about  the 
year  iHc?  that  trade  unicrsj'^n  t.-v-.l-  ..:-.  -: 


-    J  - 


i«     x'OiiLi    Hiiiu 


34     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

policies.    The  oldest  union  now  in  existence  is  the  International 
TvTographical  Un.on.     It  is  daoctly  connected  with  the  Na- 
tional OMnention  of  Journeymen  Printers  that  met  m   i8,o. 
At  a  third  animal  meeting,  in  1852,  a  permanent  orgamzation 
wa.  eflectcd  under  the  name  of  the  National  Typographical 
Union.    In  i86q  some  locals  from  Canada  were  admitted  and 
the  name  changed  to  the  International  Typographical  Lnion  of 
North  America.    In  the  early  years  of  th-,  penoc^  the  combina- 
tion into  nationals  progressed  rapidly  for  so  early  a  date.    In 
18SS  was  formed  the  Journeymen  Stonecutters  Association  of 
North  America.    Perhaps  the  ne.xt  oldest  society  is  among  the 
hatters.     In  1854  the  National  Trade  Association  of  Hat  Fin- 
ishers of  the  United  States  of  America  was  organized.     This 
union  continued  until  186S  when  a  part  ^ithdrevv,  following  the 
division  of  labor  in  the  trade,  and  formed  the  Silk  and  tur  Hat 
Finishe'-s  Trade  Association  of  the  United  States  of  America. 
One'vear  later  the  United  States  Wool  Hat  Finishers  Association 
was  'formed.     This  last  named  association  still  maintains  its 
separate  existence.    The  other  societies  have  disappeared  as  dis- 
tinct associations  and  have  reappeared  in  the  United  Hatters  o 
North  America.    This  union  claims  direct  lineage  with  the  earlier 
organizations  and  in  its  official  documents  gives  the  date  o.  its 

''in  ?8sVfir?t  appeared  the  Iron  Molders  Union  of  North 
America     The  Brotherhood  of  Locomotive  Engineers  was  or- 
ganized in  186  V    For  the  first  year  of  its  existence  it  was  known 
as  the  Brotherhood  of  the  Footboard.     Other  unions  of  the 
earlier  vears  that  have  maintained  an  existence  to  the  present 
are  the' Cigar  Makers  International  Union  (1864);  Bricklayers 
Masons  and  Plasterers  International  Union  (1865);  Order  ot 
Raihvav  Conductors  of  America,  f\rst  taking  the  name  of  Con- 
ductors" Brotherhood  (1868);  Brotherhood  of  Locomotive  Fire- 
men and  Enginemen  (1873);  Amalgamated  Association  of  Iron 
and  Steel  Workers  (1876);  Granite  Cutters  International  Asso- 
ciation of  America  '1877);  United  Brotherhood  of  Cary^enters 
and  Joiners  (i88i);  Glass  Bottle  Blowers  Association  of  the 
United  States  and  Canada  (1876);  Operative  Plasterers    nter- 
national  Association  (1S64):  Lake  Seamens  Ln.on  dS^i);  lu- 
ternationai  Spinners  Union  ( "^7«) ;  Machine  Printer^  (TexUle) 
Beneficial  Association  of  the  Umuu  biat^.-.  \.'>-^,3/-    ^j  '■--"->  "-^ 


BEGINNINGS  IN  AMERICA 


35 


Coman  says,  "more  than  a  score  "  of  unions  had  been  formed  and 
by  1866  "some  thirty  or  forty  national  trade  organizations" 
had  come  into  existence. 

An  examination  of  seventy-four  of  the  leading  unions  of  the 
present  day  shows  that  four  were  formed  prior  to  i860.  Six  were 
organized  during  the  decade  i860- 1869.  In  the  seventies  six 
more  were  founded.  Prior  to  1880,  sixteen  were  permanently 
established. 

Though  there  were  many  instances  of  associations  of  laboring 
men  in  the  earlier  periods  that  have  been  reviewed,  these  must 
be  regarded  as  the  forerunners  of  the  present  movement,  not  as 
a  direct  part  of  it.  Whether  or  not  the  earlier  forms  be  regarded 
as  belonging  to  the  present  order  depends  upon  interpretation. 
That  there  were  associations  resembling  in  form  those  of  the 
present,  there  can  be  no  doubt.  If  the  situation  be  regarded  as 
a  definite  "movement,"  however,  it  cannot  be  so  readily  shown 
that  it  was  characteristic  of  the  earlier  forms  of  association.  It 
is  true  that  the  former  societies  ser\'ed  as  precedents  for  the  later 
ones.  The  spirit,  however,  was  different,  as  was  the  scope  of 
the  organization  both  in  territorial  area  and  in  objects  to  be 
attained. 

Causes.  —  "The  immediate  cause  of  the  organization  of  wage- 
labor,"  writes  Professor  Commons,  "was  the  rise  of  prices  and 
cost  of  living  which  began  with  the  disappearance  of  gold  and 
the  appearance  of  greenbacks  in  1862.  There  was  in  t.lat  and 
the  preceding  years  practically  no  organization  of  labor  in  the 
United  States.  Four  national  unions  had  a  nominal  e.xistence 
but  the  panic  and  depression  of  1857  had  nearly  eliminated  the 
local  unions  that  existed  before."  To  this  may  be  added  Pro- 
fessor Callender's  testimony.  "The  modern  labor  problem  can 
hardly  be  said  to  have  existed  in  America  until  after  the  middle 
of  the  nineteenth  centur>'.  Before  that  time  the  American 
people  had  indeed  their  labor  problem  as  most  new  countries 
have,  but  it  was  something  quite  different  from  what  now  passes 
under  that  name." 

Decreasing  Opportunity.  —  Following  the  same  development 
as  m  England,  the  opportunities  for  advancement  were  growing 
less.  This  did  not  take  place  all  at  once,  and  so  it  is  not  easy  to 
fix  the  time  on  the  calendar  when  the  movem.ent  of  organized 
labor  began.    As  the  situation  became  more  and  more  evident 


iH 


36      AX  INTRODUCTION  TO  STUDY  01-  ORGAXIZKD  LABOR 

to  the  workinRmcn  in  larger  groups  the  development  of  the 
movement  became  more  and  more  evident  also.  The  situation 
in  England  is  described  at  length  by  the  Webbs.  _       _ 

'•The  explanation  of  the  tardy  growth  of  stable  combination 
among  hired  journevmen  is,  we  believe,  to  be  found  in  the  pros- 
pects of  economic  advancement  which  the  skilled  handicrafts- 
man still  possessed.    We  do  not  wish  to  suggest  the  existence  ol 
any  Golden  Age  in  which  each  skilled  workman  was  his  own 
master  and  the  wage  svstem  was  unknown.    The  earliest  records 
of  Fn^li^h  town  history  imply  the  presence  of  hired  journeymen 
who  were  not  alwavs  contented  with  their  wages.    But  the  ap- 
prenticed   journevman    in    the    skilled    handicrafts    belonged, 
until  comparatively  modern  times,  to  the  same  social  grade  as 
hi^  employer,  and  was,  indeed,  usually  the  son  of  a  master  in  the 
same  or  an  analogous  trade.    So  long  as  industry  was  carried 
on  mainlv  bv  small  masters,  each  employing  but  one  or  two 
iournevm'en.'the  period  of  any  energetic  man's  service  as  a 
hired  wage  earner  cannot  normally  have  exceeded  a  few  years, 
and  the  industrious  apprentice  might  reasonably  hope,  :'  not 
alwavs  to  marrv  his  master's  daughter,  at  any  rate  to  set  up  in 
business  for  himself.    .\nv  incipient  organization  would  always 
be  losing  its  oldest  and  most  capable  members,  and  would  of 
necessity  be  confined  ...  to  'the  young  people'  or  ...  to 
■i  -race  at  once  vouthful  and  unstable'  from  whose  inexperienced 
ranks  it  would 'be  hard  to  draw  a  supply  of  good  Trade  Union 
leaders.    We  are  therefore  able  to  understand  how  it  is  that, 
while  industrial  oppression  belongs  to  all  ages,  it  is  not  until 
the  changing  conditions  of  industry  had  reduced  to  an  inhnites- 
imal   chance  the  journeyman's  prospect  of  becoming  himself 
a  master,  that  we  find  the  passage  of  ephemeral  combinations 
into  permanent  trade  societies."  ,     ,       ,  , 

The  greater  industrial  advantages  together  with  the  changed 
economic  organization  in  America  made  the  development  of  this 
movement  unlike  that  of  England  in  many  important  partic- 
ulars. The  essential  elements,  however,  did  not  change  nor 
did  they  lose  their  effectiveness.  As  the  door  of  opportunity 
for  industrial  independence  slowly  closed  to  the  individual  in 
the  United  States,  the  more  or  less  loose  and  vague  associa- 

tions  ol   iatniicrs  .liOWiy   !;v;;;a;i    lv  :::--.:^--    •■  ;    " ■ ■      """ 

tions  with  a  definite  common  purpose  and  an  increasing  unity. 


BEGIXNLNGS  IN  AMERICA 


37 


Professor  Carllon,  icvicwinK  the  labor  literature  of  the  sixties, 
finds  an  editor  empliasizing  tlie  fact  that  the  workingmen  were 
slowly  abanrlnning  the  hope  of  becoming  capitalists.  "The  hope 
tiiat  the  workingman  may  enter  this  circle  (of  capitalists  or  em- 
ployers) is  a  glittering  delusion  held  up  before  him  to  distract 
his  attention  from  the  real  object  of  his  interest."  And,  finally, 
only  about  ten  years  ago,  John  Mitchell  began  his  book  on  Or- 
ganized Labor  with  this  sentence:  "The  average  wage  earner 
has  made  up  his  mind  that  he  must  remain  a  wage  earner.  He 
has  given  up  the  hope  of  a  kingdom  to  come,  where  he  himself  will 
be  a  capitalist,  and  he  asks  that  the  reward  for  his  work  be  given 
to  him  as  a  workingman.  Singly,  he  has  been  too  weak  to  en- 
force his  just  demands  and  he  has  sought  strength  in  union  and 
has  associated  himself  into  labor  organizations." 

CONSPIRACY 

The  full  effects  of  early  events  upon  the  spirit  of  modern 
unionism  cannot  be  rightly  understood  without  reference  to 
early  conspiracy  laws.  These  laws  were  applied  to  associations 
of  laborers  m  such  a  way  as  to  cause  them  to  be  more  than  ever 
conscious  of  restrictions  upon  what  they  regarded  as  their 
liberties. 

Early  Developments.  -  Though  the  early  labor  associations 
were  not  formed  for  any  length  of  time,  their  activities  at- 
tracted attention  at  once  and  they  became  subject  to  legal 
consideration.     On  this  point  the  traditions  of  England  were 
important.    Several  trials  were  held  during  the  first  quarter  of 
the  nineteenth  century  in  which  English  law  figured  prominently 
I  hey  usually  involved  the  local  associations  that  were  most 
active,  such  as  boot  and  shoe  workers,  hat  makers,  tailors 
spinners  and  weax-ers.     The  cases  were  tried  in  the  courts  of 
Philadelphia,  Pittsburgh,  Baltimore,  New  York,  Buffalo  and 
other  smaller  towns  in  the  same  states.    Eight  cases  were  against 
coidwainers  alone.     The  circumstances  of  these  cases  were  in 
genera    ^he  same.     An   association   of  workingmen   had  been 
lormed      They  had  refused  to  work  except  for  the  wages  de- 
manded by  them  and  for  any  master  whoempl.ned  anv  work- 
man who  was  not  a  member  of  their  snrietv.    In  one  in^'.nnrP  n 
case  was  brought  against  a  group  of  masters  who  had  joined 


gP 


38      AN  INTROI^UCTION  TO  STUDY  OF  ORGANIZED  LABOR 

in  reducing  wages  to  a  point  at  which  they  had  fixed  them  before 
they  had  been  compelled  by  a  strike  to  raise  them. 

In  these  trials  the  English  law  was  cited  to  show  that  the  acts 
charged  came  within  the  English  common  law  of  conspiracy  and 
that  this  law  was  binding  within  the  jurisdiction  of  the  Ameri- 
can court.  The  defense  generally  sought  to  establish  the  claim 
that  the  English  law  was  not  applicable  to  the  states,  as  the 
political  separation  had  severed  the  connection.  Arguments 
over  the  applicability  of  the  English  common  law  were  elaborate 
and  figured  prominently  especially  in  the  earlier  cases.  In  the 
outcome  the  legal  training  and  the  traditions  counted  heavily. 
The  English  law  of  conspiracy  was  held  to  be  in  force. 

In  the  charge  to  the  jury  in  the  earliest  of  these  cases  (Phila- 
delphia Cordwainers'  case,  1806)  the  Recorder  stated  that  "a 
combination  of  workmen  to  raise  their  wages  may  be  considered 
in  a  twofold  point  of  view:  one  is  to  benefit  themselves;  the 
other  is  to  injure  those  who  do  not  join  their  society.    The 
rule  of  law  condemns  both."    In  the  New  York  Cordwainers 
case  (1809)  the  Mavor  in  his  charge  to  the  jury  declared:  "There 
were  two  points  of  view  in  which  the  offence  of  a  conspiracy  might 
be  considered;  the  one  where  there  existed  a  combination  to  do  an 
act  unlawful  in  itself  to  the  prejudice  of  other  persons;  the  other 
where  the  act  done  or  the  object  of  it  was  not  unlawful,  but 
unlawful  means  were  used  to  accomplish  it.     As  to  the  first, 
there  could  be  no  doubt  that  a  combination  to  do  an  unlawful 
act  was  a  conspiracy.    The  second  depended  on  the  common 
principle  that  the  goodness  of  the  end  would  not  justify  improper 
means  to  obtain  it."    This  view  reached  its  extreme  form  m  the 
New  York  Hatters'  case,  in  1823.    "Journeymen  confederating 
and  refusing  to  work,  unless  for  certain  wages,  may  be  indicted 
for  a  conspiracy,  ...  for  this  offence  consists  in  the  conspiracy 
and  not  in  the  refusal;  and  all  conspiracies  are  illegal  though 
the  subject-matter  of  them  may  be  lawful.  .  .  .    Journeymen 
may  each  singly  refuse  to  work,  unless  they  receive  an  advance 
in  wages,  but  if  they  refuse  by  preconcert  or  association  they  may 
be  indicted  and  convicted  of  conspiracy.  .  .  .     The  gist  of  a 
conspiracy  is  the  unlawful  confederation,  and  the  offence  is 
complete  when  the  confederacy  is  made,  and  any  act  done  in 

pUiSuU   01   it   iS  ilw  '^^wll^lil'^c::-   pa:  l   --/i   '.■'     

Influence  on  Later  Cases.  -  From  these  early  principles  the 


BEGINNINGS  IN  AMKRICA 


39 


conspiracy  laws  of  the  several  states  were  developed.     The 
stages  have  been  by  no  means  uniform.     In  some  it  has  been 
shaped  largely  by  statutory  enactment  while  in  others  the  modi- 
fication has  been  accomplished   through  court   interpretation. 
Illustration  from  New  York  State.  —  In  New  York  state,  for 
example,  the  question  was  dealt  with  by  statute.    The  laws  of 
England  became  the  basis  of  the  state  law  in  this  commonwealth. 
They  seem  to  have  had  their  first  extensive  application  in  con- 
nection with  the  Revolutionary  War  and  the  efforts  of  some 
to  conspire  against  the  new  government.    Statutes  were  passed 
with  this  situation  in  mind.     In  1813  a  revision  of  the  laws 
was  made  and  the  conspiracy  section  was  included.    It  remained 
until  iiS28,  the  occasion  of  another  general  revision.     This  re- 
vised section  made  it  a  misdemeanor  among  other  things  to 
conspire  to  commit  any  act  injurious  to  public  health,  to  public 
morals,  or  to  trade  or  commerce.     In  order  to  limit  the  inter- 
pretation of  the  older  common  law  and  keep  it  within  the  pro- 
visions of  the  statute,  it  was  further  declared  that  no  conspiracies 
other  than  those  enumerated  in  the  law  should  be  punishable 
criminally,  and  further  that  no  agreement  except  to  commit 
a  felony,  arson  or  burglary  should  be  deemed  a  conspiracy  unless 
some  act  besides  such  agreement  be  done  to  eflect  the  object 
of  the  agreement.    This  new  section  was  the  work  of  a  com- 
mission appointed  for  the  purpose  and  it  included  all  the  cases 
usually  considered  as  conspiracy  except  that  of  a  conspiracy 
to  injure  an  individual  by  means  not  in  themselves  criminal, 
and  all  that  it  seemed  expedient  to  enumerate.    To  the  list  as 
finally  adopted  the  commission  had  added  one  that  the  legisla- 
ture rejected.    This  clause  would  have  made  it  a  criminal  con- 
spiracy to  defraud  or  injure  any  person  in  his  trade  or  business. 
From   the  backward  look  the  commission  evidently   thought 
that  this  section  should  be  included.    The  legislature,  seemingly 
giving  greater  attention  to  present  conditions,  declined  to  in- 
corjwrate  it.     The  net  result  of  the  revision  was  to  clear  up 
somewhat  the  confusion  that  clung  to  the  historical  conception 
of  conspiracy.     Concerning   these  doubts  and  difficulties   the 
revisors  pointed  out  that  "By  a  metaphysical  train    >f  reason- 
ing, which  has  never  been  adopted  in  any  other  case  in  the  whole 
criminal   lawv   the  offence  of  conp.riir.irv  i'^.  mnH."  fc.  m.nQiQt   iri 
the  intent;  in  an  act  of  the  mind;  and  to  prevent  the  shock  to 


40      AN  IN'TRODUCTION  T(J  STUDY  OF  ORGANIZED  LABOR 


common  sense  which  such  a  proposition  would  be  sure  to  pro- 
duce, the  formation  of  this  intent  by  an  interchange  of  thoughts 
is  made  itself  an  overt  act,  done  in  i)ursuance  of  that  inter- 
change or  agreement.  .  .  .  Acts  and  deeds  are  the  subjects 
of  human  laws;  not  thoughts  and  intents  unless  accompanied 
by  acts."  The  rejection  of  the  clause  bearing  on  the  injury 
to  anyone  in  his  business  or  trade  has  proved  to  be  wise  as 
after  events  have  shown. 

Thus  is  seen  in  the  experience  in  New  York  how  conspiracy 
rested  primarily  on  the  common  law,  how  it  was  modified 
to  meet  the  new  conditions  of  statehood,  and  finally  how  it 
was  revised  so  as  to  include  all  that  was  to  be  retained  of  the  old 
law  in  the  light  of  the  necessities  of  the  day.  The  task  succeeded 
in  gathering  up  from  the  common  law  those  principles  upon 
which  at  the  time  it  seemed  desirable  to  base  action  against 
conspiracy  and  expressing  them  definitely  in  statute  form,  thus 
making  the  basis  a  statute  law  basis.  It  should  be  noted  that 
although  there  were  several  revisions  of  the  statutes  during  the 
following  forty  years,  it  was  not  till  1870  that  this  section  was 
modified  again.  With  the  steadily  increasing  activity  of  labor 
associations  and  the  growing  recognition  of  their  value,  the 
legislature  in  1S70  considerably  modified  the  whole  section  deal- 
ing with  conspiracy  as  far  as  the  laborer  was  concerned.  By 
the  act  of  that  year  the  provisions  of  the  former  statute  were  not 
to  be  construed  "  to  restrict  or  prohibit  the  orderly  and  peaceable 
assembling  or  cooperation  of  persons  employed  in  any  profession, 
trade  or  handicraft,  for  the  purpose  of  securing  an  advance 
in  the  rate  of  wages  or  compensation,  or  for  the  maintenance  of 
such  rate." 

Scope  of  Conspiracy  Law:  Theory.  —  It  should  not  be  un- 
derstood that  the  law  of  conspiracy  was  formulated  purposely  to 
interfere  with  the  activities  of  laborers.  The  points  just  stated 
in  connection  with  the  early  use  in  New  York  show  that  such 
was  not  the  case.  In  the  trial  of  People  vs.  Trequier,  in  1823, 
it  was  brought  out  that  the  law  relating  to  conspiracy  had  under- 
gone a  great  alteration  during  the  centuries  just  passed.  Taken 
formerly  in  a  more  limited  sense,  it  had  more  recently  become 
a  most  useful  method  of  dealing  with  almost  every  possible  case 
of  combination.  A  variety  of  illustrations  showed  the  wide 
range  of  its  application. 


BEGINNIXOS  IN  AMI.RICA 


41 


Practice.  —  Though  such  was  the  theory,  it  seems  clear  that 
this  law  was  more  easily  invoked  aRainsl  laborers  than  against 
ollicrs.  In  the  case  to  which  reference  ha~  just  been  made  the 
ilefendant  workmen  were  char«e<l  with  conspiring  to  refuse  to 
work  for  a  master  hatter  who  had  in  his  employ  a  jcjurneyman 
who  refused  to  be  governed  by  the  rules  of  the  association  which 
his  fellow  journeymen  had  formed.  The  evidence  showed  that 
the  master  hatters  of  the  city  had  had  a  meeting  to  agree  to 
reduce  wages.  To  counteract  this  agreement  among  the  em- 
ployers the  workmen  had  formed  their  society  and  agreed  not  to 
work  for  the  new  rate  that  the  employers  had  named.  Further 
the  journeymen  offered  to  prove  a  conspiracy  among  the  mastn 
hatters  not  to  employ  any  journeyman  who  left  his  last  place 
on  account  of  wages,  in  order  to  prove  that  the  meeting  of  the 
journeymen  was  for  a  lawful  purpose.  This  evidence  was  not 
allowed.  The  defendants  also  contended  that  their  action  was 
not  unlike  an  earlier  agreement  of  grocers  and  others  not  to 
purchase  goods  from  auctioneers.  This  meeting  the  court 
held  was  for  a  lawful  purpose  —  for  the  general  advantage  of 
the  community.  Concerning  the  meeting  of  the  employers,  the 
court  dismissed  the  matter  with  the  declaration  that  "one  con- 
spiracy cannot  justify  another."  It  seemed  in  this  case  easier 
to  fasten  the  charge  of  conspiracy  upon  the  laborer  than  upon 
the  employer  or  the  merchant.  The  case  is  tv-pical.  Though 
the  ofTense  was  not  limited  in  any  way  to  the  activity  of  labor 
associations,  and  though  the  principle  covered  a  variety  of 
activities  and  the  records  show  that  prosecutions  were  success- 
fully made  in  many  instances  where  laborers  were  in  no  way 
involved,  yet,  in  practice,  it  came  during  this  period  to  be  a  very 
convenient  and  very  certain  tool  in  the  hands  of  employers  to 
hold  in  check  any  combination  that  employees  might  make. 

Even  after  the  moditication  was  made  in  the  New  York  law 
in  1828,  making  it  a  misdemeanor  to  conspire  to  commit  an  act 
injurious  to  trade  or  commerce,  the  way  was  not  easy  for  the 
laborers.  In  People  vs.  Fisher,  18,^5,  a  case  was  brought  in  the 
court  charging  that  journeymen  had  formed  ''an  unlawful  club 
and  combination"  to  prevent  a  fall  in  wages.  The  court  summed 
up  the  issues  in  the  question,  "Is  a  conspiracy  to  raise  wages 
an  act  injurious  to  trade  and  commerce?"  The  answer  was  in 
the  affirmative     The  mere  raising  ot  wages  surely  could  not 


AN   IMRonrCTION  TO  SllDV  Ol    ORC.AXIZF.D  LAHOK 


constitute  an  otTcnsc.  Vet  an  agreement  to  do  so  was  entirely 
a  (litlerent  matter.  By  a  line  of  argument  both  ingenious  and 
interesting  the  conclusion  was  very  logically  reached  that  such 
an  agreement  heing  a  matter  of  public  concern  and  i*  ing 
possible  to  raise  wages  indefinitely,  if  at  all,  by  this  means,  it 
would  be  \ery  oppressive  to  the  public  and  therefore  would  be 
highly  injurious. 

Its  DefinitiDn.  —  The  general  form  of  expression  and  defi.ii- 
tijn  indicates  how  easy  it  was  to  find  the  law  of  conspiracy  ap- 
[)licalile  to  a  variety  of  cases.  The  form  of  statement  varied 
somewhat,  though  within  narrow  limits  so  far  as  meaning  was 
concerned.  A  t\-pical  statement  defined  conspiracy  as  "  an  agree- 
ment or  combination  between  two  or  more  persons  to  do  an 
unlawful  act  or  to  accomplish  a  purpose  lawful  in  itself  by  means 
that  are  criminal  or  unlawful."  "The  crime  is  completed  by  the 
unla  ul  agreement."  "The  gist  of  a  conspiracy  is  the  unlawful 
confideracy  and  the  oflence  is  completed  when  the  confederacy 
is  made  and  any  act  done  in  pursuance  of  it  is  no  constituent 
part  of  the  offence." 

Development  of  Definition.  —  Speaking  somewhat  more 
generally  of  the  law  of  conspiracy,  it  may  be  said  that  its  de- 
velopment seems  to  the  layman  peculiar,  if  not  to  the  lawyer.  In 
an  interesting  study  of  the  Development  of  English  Law  of 
Conspiracy,  Mr.  J.  VV.  Bryan  has  traced  the  stages  in  full  detail. 
It  is  found  in  this  study  that  the  modern  law  of  conspiracy 
"treats  as  a  crime  the  mere  combination  to  do  certain  acts;" 
regarding  the  offense  as  "complete  as  soon  as  the  agreement 
is  formed"  and  as  "wholly  distinct  from  any  act  performed  in 
pursuance  of  it. "  But  "  the  ancient  law  was  otherwise.  The  con- 
spiracy was  an  element  to  be  taken  into  account  but  was  not  in  it- 
self a  complete  crime."  During  the  long  years  from  Edward 
IIT  to  George  III  the  law  was  expanded  and  developed.  One 
particular  line  of  the  development  was  the  "  rise  of  the  principle 
that  the  bare  unexecuted  conspiracy  is  a  complete  ofTense."  By 
the  end  of  the  eighteenth  century  the  law  had  been  developed 
in  its  essential  elements.  During  the  nineteenth  century  the 
courts  were  to  systematize  and  generalize  it:  "to  reduce  the 
law  to  some  degree  of  orderly  and  scientific  arrangement." 
L)riL'  |)iui>e  ui  ueveUipiVicni  Vv'as  oi  jjariicUiar  iinpurLuiRL'.  i:ic 
courts  held  that  to  pro\e  a  conspiracy  it  was  not  necessary  to 


BEOINNINT.S  IN  ANJI.RICA 


4^ 


show  that  the  persons  actually  met  in  formal  consultation  to 
come  to  the  agreement.  Overt  acts  were  to  he  eonduMve  of 
an  agreement.  "If  you  find,"  said  a  justice  in  iS,^;,  "that 
these  two  persons  pursued  by  their  acts  the  same  object,  often 
by  the  same  means,  one  performing  one  part  of  an  act,  and 
the  oth.T  another  part  of  the  same  act,  so  as  to  complete  it, 
with  a  view  to  the  attainment  of  the  object  which  they  are 
pursuing,  you  will  be  at  liberty  to  draw  the  conclusion  that 
thev  have'been  engaged  in  a  conspiracy  to  efTect  the  object." 
Again,  as  late  as  1851,  another  justice  said  to  the  jury:  "If 
you  see  several  men  taking  several  steps,  all  lending  toward 
one  obvious  purpose,  and  you  see  them  through  a  continued 
portion  of  time  taking  steps  that  lead  to  an  end,  it  is  for  you 
to  say  whether  these  persons  had  not  combined  together  to 
bring  about  that  end,  which  their  conduct  so  obviously  appears 
adapted  t(;  efTectuate." 

The  definition  quoted  in  an  earlier  paragraph  of  this  section 
has  become  classic:  "to  do  an  unlawful  act;  or  a  lawful  act 
by  unlawful  means."     This  statement  appeared  in  a  charge 
delivered  by   Lord  Denman  in   1832.     "The  indictment,"   it 
was  stated,  "ought  to  charge  a  conspiracy,  either  to  do  an 
unlawful  act,  or  a  lawful  act  by  unlawful  means."     As  Mr. 
Bryan  says,  "It  is  clearly  evident  that  the  above  antithesis 
was  intended  to  limit  the  offence  of  conspiracy,  not  to  define 
it."    It  is  further  pointed  out  that  in  the  same  case  the  justice 
added:  "the  words,  'at  least,'  should  accompany"  the  state- 
ment.    At  a  later  time,  commenting  on  his  own  statement, 
the  same  justice  added:  "I  do  not  think  the  antithesis  very 
correct."    After  citing  the  facts  in  connection  with  the  formu- 
lation of  the  definition,  Mr.  Bryan  adds:  "In  spite  of  its  au- 
thor's dissatisfaction  with  it,  this  antithesis  has  been  treated 
as  a  definition  ever  sine-.    As  such  it  serves  as  the  very  founda- 
tion of  the  modern  law  of  conspiracy.    It  has  been  cited,  always 
with  approval  and  without  examination  or  criticism,  in  a  long 
line  of  nineteenth  "nd  twentieth  century  cases,  until  its  terms 
have  become  firmly  embedded  in  the  structure  (^f  the  national 
jurisprudence.  .  .  .  The  part  which  it  played  in  the  later  de- 
cisions presents  another  very  striking  illustration  of  the  acci- 
dental, unsvstematic  method  by  which  the  law  of  conspiracy 
has  developed."     One  significant  criticism  of  the  law  as  thus 


44      AN   IMkoDK   IKt.N    K)  STIDV  Ol    ()!<(. AM/ID  I.AUOK 

(lf\(l(iiH'il  iiKiy  lu'  addi-d  in  llu-  words  of  yvi  unolluT  jiislirt-: 
''It  is  iifxtr  satistiulory,  aithoujjh  imdoubU'diy  it  is  li'^al." 
It  was  lliroiiK'li  this  iH-riod  of  development  and  application 
of  the  con>piraey  law  that  laborers  were  seekin^^  to  establish 
a  ri^hl  to  collective  barjjaining.  The  difliculties  are  obvious. 
The  etTei  t  iii)on  their  spirit  and  temper  is  easily  comprehended. 


CHAPTER   III 
WAGE   THEORIES 


In  the  last  cliaptfr  woro  related  the  events  connected  with 
the  development   and  ^trupgle  out  of  which  permanent  asso- 
ciations of  laljonrs  emerged.     The  problems  that  accompanied 
these  changes  led  in  their  day  to  much  discussion,  in  which 
both    theop'tical  and  practical  considerations   were   set    forth 
in  a  pamphlet  literature  of  some  volume.     During  the  earlier 
period  of  the  development  there  was  practically  no  such  thing 
as  a  theory  of  wages.     Customary  relations  were  accepted  as 
of  binding  force.     They  rested  on  precedent  anrt   needed  no 
theoretical   justification.     (^)uestions   of    trade   expansion   and 
national  rivalry  received  much  attention  and  gave  rise  to  the 
body  of  literature  in  wliich  Mercantilism  was  developed  on  a 
basis  of  theory.    Incidental  to  the  discussion  of  trade  and  na- 
tional welfare,  manufacture  and  foreign  markets,  wages  came 
in  for  a  share  of  consideration.     This  topic  was  prominent 
especially  in  the  efTorts  to  adjust  taxation  upon  some  legal 
basis  that  would  stand  the  test  of  general  principles  and  at 
the  same  time  furnish  the  needed  revenue.     Running  through 
the  literature  of  this  discussion  appears  a  view  of  wages  that 
is  not  only  interesting  in  itself,  but  which  furnishes  evidence 
of  a  preference  for  a  low  wage  rate  based  upon  a  view  of  wages 
generally  accepted  though  not  clearly  and  concisely  formulated. 
Beneht  of  Low  Wages.  —  The  opinion  prevailed  among  a 
group  of  writers  of  the  late  seventeenth  and  early  eighteenth  cen- 
turies that  the  laborer  was  as  a  rule  a  heavy  drinker,  irrespon- 
sible, with  no  self-control;  who  could  be  kept  at  his  tasks  only 
by  some  form  of  stern  necessity.    He  who  will  not  labor  shall 
not  eat  seems  to  have  been  the  starting  point  of  instruction 
and  to  this  was  addeci:  he  who  earns  but  little  can  eat  but  lit- 
tle.    Suspicion  resten  heavily  upon  the  worker  that  with  the 
slightest  easement  or  living  conditions  he  wouiu  duaie  his  fiiuii>, 
not  to  renew  them  until  starvation  again  forced  him  to  his 

45 


40     A\  INTRODUCTION  TO  STUDY  OF  ORGANIZKD  LABOR 

task.  From  these  opinions  it  was  an  easy  step  to  the  beHef 
that  low  wages  were  necessary  to  keep  laborers  at  their  work, 
thai  advances  in  wages  would  increase  idleness  because  it 
would  make  more  idlencF-:;  possible,  and  that  industry  among 
workers  was  necessar}-  to  enable  England  to  seize  and  hold 
the  foreigr.  markets  from  her  rivals.  Professor  Seligman  has 
found  the  earliest  trace  of  this  idea  expressed  in  i66q,  when 
it  was  argued  that  high  wages  are  injurious  because  "the  men 
have  just  so  much  more  to  spend  in  tipple,  and  remain  now 
poorer  than  when  their  wages  was  less,  .  .  .  they  work  so 
much  the  fewer  days  by  how  much  the  more  they  exact  in 
their  wages."    The  remedy  was  simple:    "Subdue  wages." 

There   are  many  other  expressions  to   the  same  effect,  so 
interesting   that   some   will   bear  repeating.     "If   there  be  of 
food  a  plenty,  laziness  follows  it."    High  wages  mean  debau- 
chery and  shorter   time  for   work.     The  more   the  workman 
paid  for  provisions  or  the  less  ho  received  with  which  to  buy 
them  the  longer  and  the  harder  would  he  be  obliged  to  work. 
Thus:  "When  the  frame-work  knitters  or  makers  of  silk  stock- 
ings had  a  great  price  for  their  work  they  have  been  observed 
seldom  to  work  on  Mondays  and  Tuesdays,  but  to  spend  most 
of  that  time  at  the  ale  house  and  nine  pins.  .  .  .  The  weavers, 
'tis  common  with   them  to  be  drunk  on   Monday,  to  have 
their  heads  ache  on  Tuesday  an.,  their  tools  out  of  order  on 
Wednesday. "    "  People  in  low  life  who  work  only  for  their  daily 
bread  if  thcv  can  get  it  by  three  days'  work  in  a  week  will  many 
of  them  make  holiday  the  other  three  or  set  their  own  price 
on  their  labor."     Low  wages  became  a  public   necessity,  as 
it  was  reasoned:    "The  lower  class  of  people  if  they  are  subject 
to  little  or  no  control,  they  will  run  into  vice:  vice  is  attended 
with  expense  which  must  be  support  d  cither  by  an  high  price 
for  their  labor  or  by  methods  still  more  destructive."     "Men 
are  as  bad  as  can  be  described:  who  become  more  vicious,  more 
indigent  and  idle  in  proportion  to  the  advance  of  wages  and 
the  cheapness  of  provisions."     As  late  as    1770  a  book   was 
published  in  which  the  argument  was  made  to  rest  upon  three 
principles,  summed  up  as  follows:  "First,   that   mankind,  in 
general,  are  naturally  inclined  to  ease  and  indolence,  and  that 
nothing  but  absolute  neces.^ity  will  enforce  lal)or  and  industry 

_  ,.  ,  _         •„  -'       1-     -—I..     C —     «U,.     K^..^ 

"■:"     umiiy,    ti'ldl    oUr    pOur,    ii^    j^CIlCrU.;,     v.  Wli-..    --J-.i-j     :•-•:     t:;-_     :.-ai-_ 


WAGE  THEORIES 


47 


necessities  of  life,  or  for  the  means  of  a  low  debauch;  which, 
when  obtained,  ihey  cease  to  labor  till  roused  again  by  necessity. 
Thirdly,  that  it  is  best  for  themselves,  as  well  as  for  society, 
that  they  should  be  constantly  employed."  "The  only  way 
to  make  the  poor  temperate  and  industrious,  is  to  lay  them 
under  a  necessity  of  laboring  all  the  time  they  can  spare  from 
meals  and  sleep,  in  order  to  procure  the  common  necessaries 

of  life." 

As  has  been  said,  these  views  were  expressed  generally  with 
reference  to  taxation.  The  immediate  purpose  was  to  raise 
revenue.  This  was  to  be  done  by  levying  on  the  laboring  clas- 
ses, accomplishing  a  double  advantage  of  securing  the  revenue 
and  improving  the  conditions  of  industry  by  lowering  wages. 
It  is  but  a  slight  modification  of  the  argument,  if  any  at  all, 
to  express  it  in  terms  of  low  wages  as  a  factor  in  securing  the 
same  result.  In  either  case  the  real  wage  was  affected  in  prac- 
ticallv  the  same  way. 

The  Theory  Questioned.  —  These  writers  did  not  occupy  an 
undisputed  field,  however.  In  1694  the  reasoning  was  called 
in  question  and  more  and  more  frequently  thereafter.  By 
1734  appeared  a  strong  advocate  of  the  idea  that  high  standards 
of  living  for  the  laboring  clas?  are  beneficial.  "The  working 
people  can  and  will  do  a  greac  Jeal  more  work  than  they  do, 
if  they  were  sufficiently  encouraged.  For  I  take  it  for  a  maxim 
t'  It  the  people  of  no  class  will  ever  want  industry,  if  they 
don't  want  encouragement."  This  should  not  be  done  by 
"making  the  poor  fare  harder."  It  is  not  the  right  incentive. 
The  poor,  it  was  further  argued,  belong  to  the  grmt  mass  of 
consumers  and  to  deprive  them  would  "affect  the  consumption 
of  things  in  general  so  mightily  that  there  would  be  a  want  of 
trade  and  business  amongst  the  other  part  of  the  people." 
Another  writer,  in  1754,  urged  that  it  was  a  fallacy  to  argue 
t  hat  industry  could  be  forced  by  poverty.  "  When  our  workmen 
can  no  longer  raise  the  price  of  their  work  to  their  mind,  there 
still  remain  two  great  refuges  to  them  from  labor,  the  parish 
and  robbing."  The  opposition  continued  in  various  forms 
of  expression.  One  of  the  most  forceful  denied  vigorously  the 
proposition  that  "the  poor  ■  .il  be  industrious  only  in  the  de- 
gree that  they  are  necessif  .s,"  declaring  it  to  be  "a  doctrine 
which  avarice  in  private  life  has  greedily  seized  and  has  not 


48 


A.\  INTROUUCTION  TU  STUDY  Ol'  ORGANl/Kl)  LABOR 


failed  to  improve  to  its  purposes.  ...  A  doctrine  as  false  as 
it  is  inhuman."  The  discussion  continued  as  o  question  m- 
cident  to  problems  of  expanding  industry  and  was  not  cleared 
up  in  any  ct.niprehensivi-  way  until  another  group  of  writers 
appeared  and  opened  a  new  era  of  discussion. 

Classic  School.  -  With  the  appearance  of  the  Wealth  of  Na- 
tions Adam  Smith  began  the  work  of  systematizing  economic 
thought.    Following,  however,  the  lead  of  writers  of  the  day  the 
chief  concern  of  the  work  was  indicated  by  its  full  title,  An  In- 
quiry into  the  Nature  and  Causes  of  the  Wealth  of  Nations. 
Not" until  fully  a  generation  after  this  did  a  definite  theory  of 
wages  mature,  though  some  authorities  state  that  it  had  an 
earlier  beginning.     During  this  period  the  question  of  wages 
received  more  attention.     The  opening  sentence  of  this  great 
work  declared  that  "The  annual  labor  of  every  nation  is  the 
fund  which  originally  supplies  it  with  all  the  necessaries  and 
conveiTiences  of  life."     One  of  the  great  principles  of  the  work 
is  that  labor  is  not  onlv  the  cause  but  also  the  measure  of  value. 
Closely  following  upon  Smith's  work  Malthus  published  his 
essay  on  population.     The  combination  of  ideas  that  resulted 
from  these  studies  together  with  what  had  been  published  before 
may  be  summed  up  in  very  brief  form  as  follows.    While  labor 
is  both  the  cause  and  measure  of  value  yet  wages  are  determined 
verv  directly  bv  food  supply.    As  the  supply  of  food  became  more 
plentiful,  marriages  would  be  contracted  at  an  earlier  age  and  in 
greater  numbers,  families  would  increase  in  size  until  the  popula- 
tion, thus  increased  by  a  rising  birth  rate  and  a  falling  de?tl 
rate!  would  press  upon  the  supply  of  food  and  the  abundance 
would  disappear.     With  the  decrease  in  food  supply  would 
follow  inevitably  a  decrease  in  the  number  of  marriages,  smaller 
families,  a  decrease  in  birth  rate  and  an  incr^-ase  in  death  rate. 
Thus  the  pressure  of  population  on  food  supply  would  gradually 
be  relieved.    This  would  be  followed  by  relative  plenty  again  and 
the  events  of  the  former  cycle  would  be  repeated.    The  introduc- 
tion bv  Smith,  the  warnings  of  Malthus  and  the  stern  logic  of 
Ricardo's  reasoning  give  alike  form  and  authority  to  this  "iron 

law"  of  wages. 

Wages  Fund  Theory.  —  But  these  statements  were  nol  (level- 
oped  into  a  llieory  with  their  first  formulation.    As  the  discus- 

SiOn  progrc^bi-li  :io  L'.\i;:'>.^=:v::  :--vva::!-- 


WAGE  7HE0RIES 


49 


became  known  as  the  Wages  Fund  Theory.  This  development 
was  so  gradual  that  there  is  difference  of  opinion  as  to  when  it 
was  lirsi  formulated.  Professor  Haney  objects  to  naming  Smith 
as  its  originator,  though  he  says  that  "In  the  Wealth  of  Nations 
may  be  found  traces  of  virtually  every  wage  theory  ever  devel- 
oped." This  writer  attributes  the  first  statement  of  it  to  Senior, 
who  "probalily  called  into  being  the  wages-fund  doctrine  which 
lies  concealed  in  the  writings  of  Smith  and  Ricardo."  On  the 
other  hand,  Professor  Taussig  claims  that  Ricardo  "put  forth  a 
wages  fund  doctrine  as  unqualifiedly  as  any  of  the  later  writers 
with  whom  that  doctrine  is  usually  associated."  Leaving  this  as 
a  controversy  that  has  no  direct  bearing  upon  this  study,  it  ma\ 
be  said  that  this  wages  fund  theory  was  generally  accepted  by 
English  economists  during  a  period  of  about  fifty  years,  durin,_; 
the  middle  of  the  nineteenth  century. 

In  its  first  form  this  doctrine  sought  to  express  the  relation  of 
wages  to  food.  As  Malthus  said :  "  It  may  at  first  appear  strange, 
but  I  believe  it  to  be  true,  that  I  cannot  by  means  of  money 
raise  the  condition  of  a  poor  man.  and  enable  him  to  live  much 
better  than  he  did  before  without  proportionately  depressing 
others  in  the  same  class.  .  .  .  But  if  I  only  give  him  money, 
supposing  the  produce  of  the  coimtry  to  remain  the  same,  I  give 
him  a  title  to  a  larger  share  of  that  produce  than  formerly,  which 
share  he  cannot  receive  without  diminishing  the  share  of  others." 
The  more  definite  statement  of  this  doctrine  was  made  with 
reference  to  the  relation  of  wages  to  capital.  Wages  were  paid 
out  of  capital  and  must  be  adjusted  in  their  amount  by  what 
capital  could  pay  out  of  its  stock.  Thus  wages  and  profits,  or 
interest,  had  a  reciprocal  relation;  as  the  one  increased  the  other 
of  necessity  decreased  proportionately.  As  the  laborer  had 
nothing  on  which  to  draw  for  his  support  while  he  worked,  he 
must  be  provided  for  out  of  the  "funds"  of  capital  as  an  ad- 
vance. This  could  never  exceed  the  amount  of  the  capital  and 
generally  must  be  less  than  that  amount  by  enough  to  provide 
the  other  needs  of  the  industry.  The  maximum  was  thus  fixed. 
The  subsistence  point  was  the  minimum  below  which  wages 
could  not  fall.  Between  these  points  the  wage  was  regulated  by 
bargaining,  the  determining  factors  being  on  the  one  hand  pop- 
ulation and  on  the  other  the  amount  of  capital.  Thus,  as  Pro- 
fessor Taussig  sums  it  ud.  "  Not  only,  as  Adam  Smith  put  it,  are 


I 


;o      AN   IMROliK   I'lON    lO  MTDN    OF  C)K(iA\IZi;i)  I.AliOK 


wages  paid  out  of  capital,  and  dctcrminrd  by  a  bargain  in  which 
the  demand  for  labor  comes  from  employers"  ca])ital:  l)Ut  the 
amount  of  that  cai)ital,  compared  with  the  numi)er  of  laborers, 
I'lxes  wages  detlnitely."  The  proximate  determination  of  wages 
depends,  says  Senior,  on  "the  extent  of  the  fund  for  the  main- 
tenance of  laborers  compared  with  the  number  of  laborers  to  be 
maintained."  James  Mill  sums  up  his  view  conci-el\  Sy  saying 
in  his  Elements  of  Political  Economy:  "Universally,  then,  we 
may  affirm,  other  things  remaining  the  same,  that,  if  the  ratio 
which  capital  and  population  bear  to  one  another  remains  the 
same,  wages  will  remain  the  same;  if  the  ratio  which  capital 
bears  to  population  increases,  wages  will  rise;  if  the  ratio  which 
population  l)ears  to  capital  increases,  wages  will  fall." 

Mill's  Statement.  — Th<'  doctrine  may  be  said  to  have  its 
final  statement  in  the  writings  of  John  Stuart  -Mill.  The  follow- 
ing extract  sums  up  his  view,  an  expression  thought  by  him  to 
be  final:  "Wages,  then,  depend  mainly  upon  the  demand  and 
supplv  of  labor;  or,  as  it  is  often  expressed,  on  the  proportion 
between  population  and  caf)ital.  Hy  jiopulation  is  here  meant 
the  number  only  of  the  laboring  class,  or  rather  of  those  who 
work  for  hire;  and  by  capital,  only  circulating  capital,  and  n  '. 
even  the  whole  of  that,  but  the  part  which  is  expended  in  the 
direct  purchase  of  labor.  To  this,  however,  must  be  added  all 
funds  which,  without  forming  a  part  of  capital,  are  paid  in  ex- 
change for  labor,  such  as  the  wages  of  soldiers,  domestic  servants, 
and  all  other  unproductive  laborers.  There  is  unfortunately 
no  mode  of  expressing  by  one  familiar  term  the  aggregate  of  what 
mav  be  called  the  wages  fund  of  a  country;  and  as  the  wages  of 
productive  labor  form  nearly  the  whole  of  that  fund,  it  is  u^ual 
to  overlook  the  smaller  and  less  important  part,  and  to  say  that 
wagi's  depend  on  population  and  capital.  It  will  be  convenient 
to  employ  this  expression,  remembering,  howevt'r,  to  consider 
it  as  elliptical,  and  not  as  a  literal  statement  of  the  whole 
truth. 

"With  these  limitations  of  the  terms,  wages  not  only  depend 
upon  the  relative  amouni  of  capital  and  poijulaticjn.  but  cannot, 
under  the  rule  of  conijjetition,  i)e  alTected  by  anything  else. 
Wages  (meaning,  of  <i)urse,  the  general  rate)  caiintU  rise,  but  by 
an  increase  of  the  aggregate  funds  employed  in  hiring  !al)',)rers, 
or  a  diminution  in  the  number  ot  competitors  lor  hire;  nor  tall, 


WAGE  TIir.ORir.S 


51 


except  either  by  a  diminution  of  the  funds  devoted  to  paying 
labor,  or  bv  an  increase  in  the  number  of  laborers  to  be  paid."^ 

Attack  on  Wages  Fund  Theory.  -  So  dominant  was  the  in- 
fluence of  the  classical  school  of  writers  that  opposition  was 
ineflectual  until  the  last  quarter  of  the  century.  At  that  time 
the  attacks  upon  the  doctrine  by  Longe  and  Thornton  were  so 
viRorous  and  spirited  that  they  compelled  attention.  The 
attaci;  has  been  summed  up  in  a  convenient  form  as  follows: 
"The  theory  of  a  wage  fund  is  untenable  because  (a)  the  capital 
or  wealth  applicable  to  the  payment  of  the  wages  of  labor  in  a 
country,  at  any  time  or  during  any  period,  does  not  consist  of  a 
definite  fund  which  is  distinct  from  the  produce  of  labor;  (b) 
because  the  dependent  or  laboring  population  in  a  country  at 
any  time,  or  during  any  period,  does  not  constitute  a  supply 
of  labor,  or  body  of  laborers,  among  whom  the  average  wage 
fund  or  capital  of  a  country  could  be  distributed  by  competition; 
(c)  because  the  supposition  that  such  wage  fund  would  be  all 
distributed  among  the  laborers  of  a  country  by  the  competition 
of  the  buyers  and  sellers  of  labor,  if  allowed  free  operation,  in- 
volves an  erroneous  notion  of  the  demand  and  supply  principle." 
In  his  later  WTitings  Mill  himself  finally  recognized  the  validity 
of  these  argumei  ts  and  declared  that  the  wages  fund  doctrine 
could  not  stand  against  such  a  presentation.  The  surrender  of 
Mill  is  the  beginning  of  the  disappearance  of  the  theory. 

Productivity  Theory.  —  With  the  passing  of  the  wages  fund 
theor> ,  the  field  was  open  to  all  comers  and  a  period  of  active 
discussion  followed.  Out  of  the  newer  views  adapted  to  the 
newer  conditions  of  industr>'  developed  slowly  a  new  group  of 
theories,  those  that  now  hold  the  field.  According  to  one  of 
these,  wages  are  adjusted  in  the  long  run  to  the  share  of  the 
product  that  is  due  to  the  labor  factor.  From  this  it  takes  its 
name,  the  Productivity  Theory.  The  results  of  the  productive 
process  are  divided  among  the  factors  that  produce  them,  labor 
and  capital  being  the  ones  chiefly  considered  under  the  assump- 
tion of  free  competititjn.  The  distribution  of  these  shares  lies 
in  the  hands  of  the  entrepreneur,  or  responsible  manager,  and 
he  assigns  wages  and  interest  on  the  basis  of  the  marginal  pro- 
ductivity of  the  labor  and  the  capital.  If  he  accepts  an  added 
"dose"  of  labor  it  will  be  because  the  product  will  be  increased 


luCIcDy. 


I  iti'S  IxKlyl't 


L  _    *U^    ,J. 


^*    U^ 


it 

I 


52      AX  INTRODIX  IIOX  TO  STUDY  OF  ORGANIZED  LABOR 

self  temporarily  as  profits  and  for  a  time  he  will  succeed  in  doing 
so.  But  c()my)etition  with  other  entrepreneurs  will  eventually 
lead  tv)  a  distribution  of  this  sum  as  wa^es. 

Thus  added  increments  of  profits  become  eventually  added 
wages  if  the  entrepreneur  can  be  induced  to  add  "doses"  of 
labor.  If,  on  the  other  hand,  he  adds  capital  (e.  r.,  machinerv'  or 
tools)  then  the  ]>roiits  ])ass  to  interest  instead.  Thus  labor 
and  capital  are  constantly  ofTering  themselves.  The  entre- 
preneur occupies  a  "zone  of  indilTerence,"  taking  from  either  as 
he  sees  opi)ortunity  for  temporary  profit,  finally  passing  it  on 
as  either  wages  or  interest.  Added  increments  of  labor  are 
subject  to  the  law  of  diminishing  returns.  Since  wages  arc 
determined  by  productivity,  it  must  follow  that  when  labor 
offers  itself  in  too  large  quantities  it  must  be  content  with  smaller 
wages  as  its  productivity  is  less.  For  in  each  group  it  is  the 
marginal  point  that  determines  the  productivity  and  thus  the 
wages  for  all  in  the  group.  This  is  the  limit  of  what  the  entre- 
preneur can  pay. 

Professor  Clark  has  developed  this  theory  most  elaborately. 
"We  not  only  admit,  but  positively  claim,"  as  he  states  it,  "  that 
there  is  a  marginal  region  where  wages  are  adjusted."  Carrying 
the  development  further,  he  says:  "The  law  of  wages  would 
stand  thus:  (i)  By  a  common  mercantile  rule,  all  men  of  a 
given  degree  of  ability  must  take  what  marginal  men  of  that 
same  ability  get.  This  principle  fixes  the  market  rate  of  wages. 
(2)  Marginal  men  get  what  they  prtxiuce.  This  principle  gov- 
erns wages  more  remotely,  by  fixing  a  natural  standard  for 
them."  This  is  not  the  final  law,  however.  Later  the  summary 
statement  is  that  wages  and  interest  "are  fixed  by  the  final  pro- 
ductivity of  labor  and  capital,  as  permanent  agents  of  produc- 
tion." Later  still:  "each  unit  of  labor,  then,  is  worth  to  its  em- 
ployer what  the  last  unit  produces."  Summing  up.  Professor 
Clark  concludes:  "As  real  as  gravitation  is  the  force  that  draws 
the  actual  pay  of  men  toward  a  standard  that  is  set  by  the  final 
productivity  law.  This  law  is  universal  and  permans'nt:  every- 
where it  will  outlive  the  local  and  changeful  influences  that 
modify  its  operation.  We  are  to  get  what  we  produce  —  such 
is  the  dominant  rule  of  life;  and  what  we  are  able  to  produce 
bv  m.eans  of  labor.,  is  rietermined  by  what  a  final  unit  of  mere 
labor  can  add  to  the  product  that  can  be  created  without  its 


WAUi:  THKORIKS 


53 


aid.  Fin;il  productivity  governs  wages."  Professor  Seager 
treats  this  theory  in  a  briefer  way,  and  sums  up  the  statement 
of  the  law  as  follows:  "  Unck-r  conditions  of  free,  all-sided  com- 
petition the  f-'arnings  of  marginal,  as  of  other,  workmen  tend  to 
correspond  accurately  to  the  contributions  which  they  make  U) 
production." 

Exchange  Theory.  —  A  rival  of  the  productivity  theory  is 
that  of  the  Austrian  School,  a  theory  that  has  behind  it  no  small 
weight  of  authority.  Their  theory  is  often  called  the  Exchange 
Theory.  In  this  theory  wages  are  advances  made  by  the  em- 
ployer to  the  workman  in  order  that  he  will  not  have  to  wait  for 
the  completion  of  the  product  before  he  can  Tea  e  iiis  share. 
The  time  element  is  important  in  modern  industr\-  and  this  time 
space  is  bridged  over  by  wages. 

Socialist  Theory.  —  During  the  time  covered  by  these  later 
developments  another  theory  has  been  formulated.  It  had  its 
first  formal  statement  in  the  writings  of  Karl  Mar.x,  though  like 
the  other  theories  its  first  suggestions  are  found  in  the  works 
of  Smith  and  Ricardo.  Taking  the  statements  of  these  earlier 
writers  that  labor  is  the  basis  of  value  and  value  proportionate 
to  the  amount  of  labor,  the  Marxian  theory  develops  and  refines 
the  idea  and  applies  i:  in  a  way  that  very  directly  affects  wages. 
If  all  value  is  due  tc  labor  then  the  value  created  belongs  of 
right  to  those  who  perform  the  labor.  From  this  brief  proposi- 
tion the  reasoning  expands  into  the  full  socialist  philosophy.  In 
this  form  it  is  not  primarily  a  lav;  of  wages,  but  a  reform  program 
that  seeks  to  reorganize  industrial  society  and  abolish  wages. 
Wages  as  a  bargain  between  those  who  work  and  those  who 
employ  them  can  never  be  fair  since  no  division  of  product  cat 
be  just  when  the  product  is  due  entirely  to  the  efforts  of  the  one. 

The  theory  is  difficult  to  state  in  brief  because  of  the  differ- 
ences of  opinion  among  its  advocates.  Marx  himself  did  not 
develop  it  into  a  statement  that  has  proved  to  be  final.  His 
followers  in  seeking  to  perfect  it  have  not  yet  arrived  at  a  point 
of  definite  agreement.  As  restated  by  two  of  his  recognized 
followers,  it  takes  a  form  as  follows:  "In  common  with  Smith, 
Ricardo  and  other  representatives  of  the  classical  school  of 
political  economy,  Marx  holds  that  the  value  of  a  commodity  is 
f)„*.«-w,;y.pH  hv  the  InVior  time  exDended  in  its  prixiiirtion,  the 
labor  time  in  "question  being  defined  as  'the  labor  time  socially 


M 


54    AN  IN  rkoDUtTioN  ro  sruDY  or  ()R(;anizi;d  lauor 

necessary  to  produce  an  article  under  the  normal  conditions  of 
production  with  the  average  degree  of  skill  and  intensity  prev- 
alent at  that  time.'"'  (Hillquit.)  "This  is  the  i^rohlem  of 
value  which  all  great  economists  have  tried  to  solve.  Sir  William 
Petty,  Adam  Smith,  David  Ricardo,  John  Stuart  Mill  and  Karl 
Marx  developed  what  is  known  as  the  labor  value  theory  as  the 
solution  of  the  problem.  This  theory,  as  developed  by  Mar.x,  not 
in  its  cruder  forms,  is  one  of  the  cardinal  principles  in  Socialist 
Economic  theory.  The  Ricardian  statement  of  the  theory  is 
that  the  relative  value  of  commodities  to  one  another  is  deter- 
mined by  the  relative  amounts  of  human  labor  embodied  in 
them;  that  the  quantity  of  labor  embodied  in  them  is  the  deter- 
minant of  the  value  of  all  commodities."  (Spargo.)  A  brief 
form  of  the  statement  may  be  found  again  in  Spargo:  "The  ex- 
change-value of  commodities  is  determined  by  the  amount  of 
average  labor  at  the  time  socially  necessary  for  their  pro- 
duction." 

The  socialist  theories  proceed  directly  to  a  social  program, 
involving  a  thorough  reorganization  of  industrial  society  and  a 
new  socialist  state.  The  value  of  the  proposed  program  has 
had  much  to  do  with  the  acceptance  or  rejection  of  the  theories 
upon  which  it  is  based.  The  glimpses  of  this  new  social  order 
reveal  generally  a  condition  in  which  wages  as  such  are  abolished 
and  income  is  distributed  upon  some  plan  either  entirely  new  or 
greatly  modified. 

Employers'  Interpretation.  —  While  theorists  have  been  giv- 
ing their  attention  to  the  elaboration  of  the  various  views  that 
have  been  summed  up  so  briefly,  the  employer  has  been  setting 
up  for  himself  an  interpretation  of  the  situation.  He  would  not 
assume  to  call  it  a  theory.  It  is  more  real  to  him  than  theories 
usually  are.  To  him  there  is  a  labor  market  where  he  buys  his 
labor,  just  as  he  buys  his  raw  material,  on  the  most  favorable 
terms.  With  the  keen  knowledge  of  experience  he  sorts  his  labor, 
always  buying  the  qualities  that  best  suit  his  purposes.  He  never 
uses  a  high  gr;'  ]^-  piece  of  material  where  one  of  lower  grade  will 
do.  Likewise  he  never  uses  a  high  price  man  where  a  lower  price 
one  will  do.  To  him  a  good  labir  market  is  one  plentifully 
stocked  with  a  variety  of  labor  enabling  him  to  pick  and  choose 
and  to  have  an  advantage  in  bargaining.  A  market  where  labor 
does  not  show  this  variety  is  a  poor  labor  market.    This  situation 


\VA(ii;  TUF'.ORIES 


55 


he  sums  up  with  the  time-worn  expression,  demand  and  supply. 
Wages  are  fixed  tiy  demand  and  supply,  the  same  forces  that,  to 
his  mind,  determine  th^  prices  of  his  raw  materials  and  his 
finished  products. 

Laborers'  Interpretation.  —  The  laborer  sees  the  situation 
from  yet  another  angle.  The  theoretical  considerations  are  to 
him  not  very  real.  He  is  so  close  to  the  exceptions,  the  varia- 
tions that  prevent  tendencies  from  expressing  themselves  "in  the 
long  run,"  that  he  cannot  see  them  in  the  large  relations  as 
the  theorist  views  them.  He  must  have  something  that  to 
him  seems  real,  and  these  theories  lack  the  appearance  of  real- 
ity. Hut  he  has  a  standard  of  living  to  maintain  and  he  fights 
vigorously  against  anything  that  endangers  it.  This  is  to  him 
the  one  thing  of  unsurpassed  importance.  Whatever  the  con- 
ditions of  the  labor  market  may  be,  however  the  adjustment 
between  demand  and  supply  may  vary,  he  must  have  enough 
to  live  on,  —  he  and  his  family.  Thus  the  standard  of  living 
and  a  wage  that  makes  its  maintenance  possible  are  to  him 
the  decisive  factors  in  all  wage  discussions. 

The  contrast  between  the  last  two  views  is  strikingly  shown 
in  the  following  instance:  In  Chicago,  a  few  years  ago,  there 
was  a  strike  of  oil  wagon  drivers.  They  were  receiving  $2 
a  day  and  were  asking  S75  a  month.  The  method  they  adopted 
in  urging  their  case  was  somewhat  novel.  A  committee,  headed 
by  the  business  agent  of  the  union,  called  upon  the  man- 
ager and  made  in  substance  the  following  statement:  We  want 
to  show  you  what  it  costs  the  average  family  among  our  num- 
ber to  live.  For  rent,  fuel,  food,  light  and  car  fare  it  costs 
Si. 97  a  day.  That  leaves  three  cents  a  day  for  clothing  for 
self  and  family,  doctor's  bills,  and  such  other  items  as  usually 
enter  into  the  family  budget.  The  manager  was  then  asked  if  he 
could  live  on  $2  a  day  or  if  he  could  suggest  how  his  men 
could  buy  clothing  and  other  necessaries  on  three  cents  a  day. 
The  manager's  reply  was  frank.  He  did  not  believe  he  could. 
But  the  fact  was  that  he  could  get  plenty  of  teamsters  who 
were  willing  to  work  for  S2  a  day.  That,  he  added,  is  really 
what  governs  wages  more  than  the  cost  of  living. 

Any  effort  to  state  in  such  brief  form  the  various  theories 
of  wages  must  inevitably  be  unsatisfactory  because  inadequate. 
Yet  it  has  been  undertaken  for  the  purpose  01  luuiCating  their 


,1 


()      AN  I.NTRODITTIOX  TO  STl'DV  OF  ORC-AXIZFr)  LABOR 


ciTects  ui)cin  tlu-  movement  of  organized  labor.  As  will  be 
seen,  the  formulation  of  the  t'lrst  theory  came  at  the  time  when 
combinations  of  laljorers  were  beginning  to  appear  but  were  not 
sanctioned  by  law.  The  period  just  prior  to  the  formulation 
of  the  wages  fund  theory  was  the  same  as  that  of  the  Industrial 
Revolution  and  the  enactment  of  the  law  (1700)  against  all 
combinations  of  laborers.  The  legalization  of  unions  (1S24) 
came  at  the  time  of  the  beginning  of  influence  of  the  wages 
fund  theory;  and  the  beginnings  of  federated  unions  and  amal- 
gamations covered  the  period  when  economic  science  was  being 
moulded  into  shape  and  taking  on  a  definite  form.  The  modern 
theories  have  been  put  forward  at  a  time  when  unions  were 
well  established  and  were  increasing  in  strength  and  influence. 

Importance  of  Theories  to  Laborers.  —  There  is  little  in  any 
of  these  theories  that  has  afforded  much  encouragement  to 
the  laborer.  Certainly  there  was  no  consolation  in  a  theorj' 
that  dictated  the  reduction  of  wages  for  the  purpose  of  encour- 
aging or  forcing  habits  of  industry.  With  the  appearance  of 
the  statement  in  the  Wealth  of  Nations  that  all  value  is  due 
to  labor  the  outlook  must  have  appeared  more  encouraging. 
Yet  Malthus's  turn  to  the  discussion  was  disheartening  in  so 
far  as  the  inevitable  pressure  on  food  supply  and  consequent 
poverty  at  regularly  r<  irring  intervals  was  an  important  factor. 
Again,  the  wages  fun^  iOctrine  did  not  afford  much  encourage- 
ment. It  was  in  the  time  of  laissez  /aire  when  the  government 
was  to  keep  handi.  off  and  struggling  interests  were  to  adjust 
themselves.  With  a  fixed  sum  of  capital,  however,  to  be  dis- 
tributed as  wages  among  the  laborers,  the  only  outlook  for 
gain  was  at  the  loss  of  some  others  of  the  same  group. 

The  inevitableness  of  the  increase  of  population  and  the 
consequent  increase  in  the  numbers  of  laborers  is  to  this  class 
a  fact  the  reality  of  which  cannot  for  a  moment  be  doubted. 
This  means  a  lowering  of  the  margin  and  a  consequent  reduction 
in  the  wages  of  the  group.  The  idea  of  fairness  in  the  distri- 
bution according  to  the  share  produced  is  offset  by  the  idea 
that  the  share  produced  must  diminish.  This  appears  as  an 
inevitable  result.  The  element  of  hope  associated  with  the 
policy  of  increasing  the  efficiency  of  the  labor  units  together 
witn  tiic  incrcuLSiiig  uses  01  inc  iiibiruiiiCiiLo  oi  proviuciioii, 
making  industry  as  a  whole  more  productive,  is  too  far  removed 


\VA(.r.  THI.ORIFS 


57 


to  throw  anv  rav  of  optinii-m  on  this  theory.    So  it  is  that  the 
producti-  itv  theory  cannot  attract  the  lal)orcrs  generally. 

1  lie  va.ue  theory  of  the  socialist  doctrine  appeals  to  the  work- 
ingm(  in  large  numlKTs.  Yet  it  has  associat.  1  with  it  the  rad- 
ii a!  program  of  sorial  reorganization  that  encounters  opposition 
for  socia,  and  political  rea>ons  and  leaver  it  a  problem  as  to 
iust  how  intluential  this  theory  will  become. 

It  i^  doubtful  if  any  great  weight  of  influence  is  to  be  at- 
triljuted  directly  to  any  of  these  yarious  theories.  In  earlier 
times  the  ha  -it  of  reading  an>  rliscussion  had  not  been  foimed. 
The  theories  were  remote  from  th(  thought  and  the  immediate 
prol'  ms  of  ..iborers.  Yet  it  cannot  be  doubted  that  there 
was  me  indirect  intluence.  Parliament  oi  Congress  was  the 
common  ground  of  exchange  and  through  the  actiyity  of  these 
bodies  as  shaped  by  the  various  theories  their  influence  was 
felt  on  the  'spirit  of  the  workingmen. 

The  rou^h  and  rc.idy  explanation  of  the  situation  adopted 
by  the  employer  had  a  much  more  direct  influence.  If  demand 
and  supply  affected  wages,  these  factors  could  be  controlled. 
As  the  employer  might  adjust  the  demand  so  th-  laborers  might 
regulate  the  supply.  Organization  afforded  the  opportunity 
to'do  this  If  labor  was  a  commcMiity  to  be  bought  in  the  cheap- 
est market,  organizations  could  be  efTected  that  would  control, 
a  I  least  in  part,  ti.is  market. 


CHAPTER   IV 
MODERN    INDUSTRIALISM 

Were  there  no  reasons  other  than  historieal  for  the  existence 
of  labor  uniims,  these  would  explain  much.  The  causes,  the 
staj^es  in  tluir  flevelopnient,  tiie  form  that  characterizes  their 
organization  and  the  spirit  that  animate  their  activity;  these 
are  all  intimately  related  with  the  ixisl.  But  the  present  has 
its  explanation  as  well.  Modern  industry  explains  much  in 
modern  l-'^e.  Its  form,  assumed  so  larpely  in  the  last  quarter- 
century,  has  i)een  the  dominant  factor  in  shaping  our  new 
twentieth-century  civilization.  In  this  new  mdustry  labor 
unions  have  their  place.  To  its  newer  phases  one  may  look 
for  further  reasons  for  their  existence.  Among  these  elements 
the  following  may  be  noted  as  important. 

Changing  Proportions  of  Capital  and  Labor.  —  The  amount 
of  ca[)ital  and  che  supply  of  labor  are  constantly  changing. 
These  changes  are  especially  prominent  in  modern  times.  They 
are  not  well  adjusted  to  each  other.  When  capital  is  accu- 
mulated from  savings  it  must  be  put  to  work.  This  can  be 
effectively  done  only  by  combining  it  in  ,. roper  proportions  with 
labor.  When  the  labor  supply  is  increased  modern  industrialism 
has  no  place  for  it  except  as  it  fmds  a  complement  of  capital. 
Both  of  these  factors  of  production  are  increasing.  But  the 
increase  is  neither  systematic  nor  balanced.  The  changes  are 
quite  independent  each  of  the  other.  Birth  rate  is  controlled 
only  inflirectly  by  industrial  demands  for  labor.  Immigration 
is  regulated  in  amount  by  a  variety  of  forces,  industrial,  political, 
and  humanitarian.  Its  distribution  is  quite  unregulated. 
Savings  also  have  their  stimulants  and  their  checks,  but  they 
are  by  no  means  all  industrial.  Ta.xing  policies,  political  power 
and  social  ambitions  act  very  directly  on  savings  as  a  source 
of  capital.    These  suggestions  make  it  clear  that  the  importance 


>f    /^o 


;*..! 


A  It1^,>,- 


,4i   i,\  tV.( 


,fK 


«T-         C^^ 


f,,n,r 


,*rr\i  Tn 


r}     ,.V,.>, 


measuring  industry  in  terms  of  efficiency,  is  quite  overlooked 

58 


MODKKN  INDLSTKIAl.lSM 


S9 


in  the  numtr  of  dclm...  re,ula.,o„  and  -'^"^"'^■.  ^JI^J^^  """^ 
It  is  ,loul..less  true  that  "in  .h.  lon«  run  .he  h.rth  ra  c  he 
„un,l...r  nf  immigrants,  cxpan.ling  industry,  „u  r.asc  of  cap  ta 

n.  au,on,a.ically  adjusted  after  a  fasluon.  '^^'  '-  ' -« 
run"  is  to..  Ion,'  lor  the  indivi.lual  to  contemplate  with  pat.t.ict 

h-  eUKenei.'  are  so  pressing  that  they  do  -.1  oneoura^e 
pl„los.,phieal  conten.plation.     In  it.  effort  to  mod.fy  tin.  ma  ad- 

ustment  in  favor  of  better  uumed.atc  conditions  for  ih.  la- 
borers,  the   labor  organisation   tuu.s  one   of   the  explanations 

of  it.  existence.  .  ,       _,.,„^. 

While  this  phase  of  maladjustment  m  modern  life  has  many 
manLtations,  it   is  so  general  that   its  importance  may  not 
fullv  appear  unless  it  is  further  in<licated 

The  Labor  Market.  -  There  is  what  is  known  as   he     abor 
market."     Business  outlook  is  frequently'  expressed  in   term, 
o    the  condition  of  this  market.     Hut,  as  has  been  pointec   ou 
in  Another  connection,  a  "good"  labor  market  for  an  emplo  e 
may  be  '"bad"  for  the  workman.     Much  depen<ls  upon  ihe 
point  of  view  as  between  good  and  bad.     In  other  words,  this 
bargaining   field  has  its  antagonism   and   its  friction  .      1  he 
eSovr  seeks  to  create  a  favorable  market   when   he  goe. 
«:   to   .ar^ain  for  his  labor.    So  the  laborer  tries  to  make  .^e 
market  "good"  for  himself.     Individually  it  is^no    ea.y   for 
SeL  to  do  this.     Collectively  it  is  not  so  difficult.     So  or- 
tranization  is  used  in  the  accomplishment  of  this  end. 
'  Capi^istic  Production.  -   It  is  by  no  m-ns  unfamdiar  to 
hear  modern  industry  characterized  as  capitahs  ic.     Iht  sig- 
n  ttca^e  of  this  is  not  to  be  overlooked.    Production  is  indirect. 
Tool    have  yielded  to  machines.     These  in  turn  hav.>  grown 
more  complex  and  interrelated  until  machinery  has  a  meaning 
rmewhat   difTerent   from   machine.     Further,   machinerv   ha 
merged  into  plants.     These  vast  complexes  of  capital  goods 
Snate  modern  industry.    In  them  is  carried  to  a  point  hith- 
erto undreamed  of  the  division  of  labor  and  subdivision  of 
prls.es     There  are  many  meanings  to  such  a  situation.    One 
fsThat  labor  has  been  made  more  dependent  upon  condition.^ 
Time  wt  when  labor  was  the  shaping  factor  in  industry  and 
ul  and  implements  were  assistants.  .  Now   the_  relation^, 
finite  reversed.     Capital  dominate,  anu   .a,.-.  ^......-.      - 

Ursimtioa  is  importan.  in  a.  least  three  part.cttlars.    Ftrst: 


I 


6o     AN  INTRODUCTION  TO  STUDY  OF  ORCIANIZED  LABOR 


there  is  a  scpanilicn  of  the  workman  from  his  tools.  These 
tocL  arc  now  parts  of  an  industrial  plant.  Without  them 
labor  is  inefTeciivo.  With  them  production  is  enormously  stim- 
ulated. Ikil  fnipty-handcd  labor  is  at  a  tremendous  disadvan- 
tage. Second:  men  formerly  produced  for  purposes  of  consump- 
t'on.  The  relation  was  very  direct.  Now  production  is  much 
more  indirectly  related  to  consun.,>tion.  Formerly  the  laborer 
saw  the  result  of  his  labor  growing  into  a  product  the  disposition 
of  which,  if  not  its  consumption,  would  lie  largely  in  his  own 
hands.  Labor  now  works  for  wages,  scarcely  knowing  what 
it  is  producing.  Its  chief  concern  now  is  not  the  "creation  of 
utilities,"  but  rather  it  is  getting  ani  keeping  a  "job."  Third: 
(and  naturally  following  from  these  two)  the  workman  is  de- 
pendent upon  others  for  the  opportunity  to  work.  Individual 
init-ative  still  has  a  high  value  and  it  should  still  be  preached 
in  season.  Vet  there  is  more  of  pure  rhetoric  in  it  than  there 
was  in  former  days.  Where  machinery  is  so  complex  and  so 
necessary  to  industry  and  where,  because  of  this,  it  is  owned 
by  the  employer,  the  opportunity  is  quite  entirely  at  the  dis- 
posal of  the  employer.  This  creates  a  dependency  that  Is  very 
real.  To  aid  in  protecting  the  interests  of  laborers  amid  these 
changes  growing  out  of  capitalistic  production,  labor  mions 
have  appeared  to  many  laborers  as  necessary. 

Entrepreneur  Regime.  —  In  the  previous  paragraph  the  in- 
dustrial system  has  been  spoken  of  as  capitalistic.  This  term 
has  been  generally  accepted  as  fairly  descriptive,  but  it  is  quite 
evident  that  industry  has  progressed  beyond  this  characteristic 
stage.  To  the  use  of  capital  goods  has  been  added  as  a  later 
stage  in  development  the  specialization  in  its  management. 
Ownership  and  management  are  not  so  completely  united  as 
formerly.  Indeed  it  is  undoubtedly  more  accurate  to  call  this 
the  entrepreneur's  stage  of  industry.  The  significance  of  this 
becomes  evident  when  it  is  related  to  another  phase  of  develop- 
ment. There  is  the  historical  change  from  "st.itus"  to  "con- 
tract," a  change  the  importance  of  which  has  uch  em- 
phasized. Contract  relations  ha^e  occupied  a  lar  ,jiace  in  oui 
thought.  But  the  entrepreneur  is  making  one  side  of  'ho  con- 
tract and  the  empty-handed  laborer  the  oth' r.  Tills  aises  a 
very  real  practical  question  in  regard  to  the  contract  relations 
of  modern  industry.    Some  lacts  have  already  been  stated  that 


MODERN  INDUSTRIALISM 


6i 


place  the  laborer  at  a  disadvantage  in  afl justing  that  particular 
contract  relation  that  is  called  the  wage-bargain.    Our  boasted 
pride  lies  in  the  fact  that  no  better  method  has  been  found  for 
adjusting  such  questions  than  in  an  atmosphere  of  freedom  of 
contract     But  a  laborer  cannot  wait  as  an  employer  can  if  terms 
are  not  agreed  upon  at  once.    A  day  lost  to  a  laborer  cannot  be 
made  up.    Necessity  for  a  daily  income  flowing  from  daily  labor, 
emphasized  bv  a  dependent  family,  does  not  allow  of  a  laborer 
rejecting  for  long  an  offer  that  will  not  be  held  open  indefinitely. 
He  is  at  a  heavv  disadvantage  in  bargaining.    He  is  offered  em- 
ployment which  he  mav  accept  or  not  as  he  may  please.    He  is 
employed  together  with  others  in  large  numbers  or  "gangs 
and  he  is  a  "hand."    He  cannot  always  know  where  the  labor 
market  is  favorable  to  him,  and  if  he  knows  he  cannot  always 
"  flow  "  to  it.    Home  ties,  such  as  family  relations,  a  house  partly 
paid  for  on  an  instalment  plan,  education  of  children,  —  these 
may  hold  him  to  a  limited  area.     Such  serious  and  practical 
disadvantages  serve  to  upset  that  degree  of  equality  in  bar- 
gaining power  which  is  essential  to  the  .>Uablishment  and  main- 
tenance of  practical  freedom  of  contract.    The  unions  seek  to  pro- 
tect the  laborers'  interests  against  these  disadvantages. 

Rate   of  Industrial   Change.  -  The   very  rapidity  of  the 
changes  of  recent  years  brings  hardship  as  well  as  benefit.    In- 
dividuals often  pav  the  price  of  social  benefit,  but  they  seldoin  do 
it  willingly.    Nor  does  society  always  seek  to  compensate  them 
fairly.    Changes  in  skill  or  craft  are  slow.    An  improved  process 
calls  for  an  improved  machine  and  an  improved  man.    The  im- 
proved process  is  a  saving  to  the  employer  and  a  benefit  to  the 
community.    The  improved  machine  may  be  built  and  the  old 
one  "  scrapped,"  it  being  charged  against  the  industry.    The  im- 
proved man  is  found  in  the  vocational  or  trade  school  perhaps, 
or  if  not  it  will  not  occasion  very  great  delay  before  the  young 
can  be  taught.    But  the  one  skilled  in  the  old  process  has  so 
great  a  skill  that  it  is  second  nature  and  what  is  to  be  done  with 
him^    It  requires  time  to  shape  and  fashion  men  to  the  right 
kind  and  degree  of  skill  for  industry.    They  cannot  oe  changed 
very  much  after  the  shaping  has  once  been  done.    These  laborers 
see  the  situation  from  an  angle  of  their  own  interests  and  act 
accordingly.    Mutual  concern  leads  to  a  use  of  the  advantages 
of  unions  for  self-protection. 


62      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Labor's  Replacement  Fund.  —  Another  unquestioned  phase 
of  industry  is  its  speed.  Machines  are  geared  up  to  the  point 
that  will  secure  the  maximum  of  product  consistent  with  the 
welfare  of  the  machine  which  is  intended  to  be  short-lived  any- 
way. This  places  a  tax  on  the  energies  of  men.  The  result  is 
premature  old  age.  For  the  machine  'here  is  a  replacement 
fun  '.  This  takes  the  place  of  machinery  when  the  latter  is 
scrapped.  For  the  men  there  are  wages  from  which  they  are 
supposed  to  accumulate  a  "replacement  fund." 

For  hired  capital  this  replacement  fund  is  taken  care  of  by 
standard  methods  recognized  i)y  the  rules  of  good  business. 
The  lender  looks  after  that  before  the  loan  is  negotiated.  But 
not  so  for  the  individual  laborer.  He  cannot  pay  a  commission 
to  an  agent  to  place  his  labor  for  him.  as  a  capitalist  can.  A 
machine  is  built  i)rimarily  to  be  used  in  this  way.  It  is  built  for 
speed.  Men  can  become  adjusted  to  such  needs  only  by  evolu- 
tion and  a  process  of  the  survival  of  the  adaptable.  This  is  a 
slow  process;  too  slow  to  amount  to  anything  practically.  The 
machine  can  be  separated  from  its  owner  and  can  be  used  without 
danger.  The  laborer  must  be  where  he  labors.  He  is  not  free 
from  the  danger  of  his  labor.  He  takes  his  whole  self,  not  simply 
his  industrial  self,  to  his  work.  Nervous  strain  is  felt  on  the  man 
him-  If,  the  whole  being.  Monotony,  strain,  weariness,  are  such 
to  the  whole  man  and  last  after  work  hours  are  over.  He  cannot 
leave  them  in  the  factory.  In  fact  he  must  not  only  carry  them 
awav  but  he  must  return  the  next  day  without  them.  Such 
conditions  are  to  be  considered  in  explaining  the  existence  and 
activities  of  unions. 

Industrial  Depressions.  —  The  irregularity  of  business  con- 
ditions is  a  fact  from  which  modern  industry  has  not  yet  freed 
itself.  Bad  times  follow  good  times  and  retrenchnicnt  is  nec- 
essary. But  interest  and  rent  are  more  generally  tixed  than  is 
often  realized.  Long  term  leases  create  demands  that  must  be 
met.  Long  term  note-,  bonds,  mortgages,  preferred  stock  result 
in  charges  that  are  lixed.  When  depression  comes  income  falls 
ofT  and  the  convenience  in  meeting  these  charges  is  more  or  less 
curtailed.  In  such  a  situation  :<  period  of  depression,  a  lean  year, 
is  the  harder  to  meet.  This  fact  of  irregular  income  on  the  one 
hand  and  the  necessity  for  regular  returns  on  the  other,  has  made 
the  pay  roll  of  special  significance.     Men  can  be  laid  olT  wien 


MODT'-tN  IN-I)ISTRIALISM 


63 


Iionds  rannnt  l)c  set  aside.  Mills  can  he  run  on  part  time,  but 
overhead  rhai^,es  are  continuous.  Wa^as  can  be  reduced,  but 
inlercjt.  rates  constitute  a  contract.  This  results  in  the  pay  roll 
being  a  kind  of  butler  or  shock  absorber  to  ease  the  jolts  in  a 
period  of  hard  times.  It  is  to  make  the  pay  roll  more  nearly  con- 
stant, '<^  prevent  a  resort  to  it  whenever  economies  in  the  busi- 
ness become  necessary,  that  laborers  resort  to  unions. 

Corporate  Organization.  —  Finally,  in  even  a  partial  list  of 
the  characteristic  features  of  modern  industry  the  spread  of  the 
corporate  form  of  business  organization  must  not  be  omitted. 
The  corporation  is  the  dominant  form.    This  has  changed  the 
1  elation  between  employer  and  employee  from  the  personal  to 
the  impersonal.    Directors  determine  policies.    Th-  officers  of 
admin'' -tration  carry  these  policies  into  effect.    This  they  do 
throu"'    s    ^erintendents,  foremen  and  bosses.     The  workman 
comes  into  intimate  co.Uact  with  the  foreman  and  the  boss. 
Occasionally  he  may  see  a  superintendent,  but  he  does  not  know 
him.    He  never  speaks  with  one.    The  employer  does  not  appear 
to  him  as  a  man  with  human  interests  and  relations.    The  em- 
ployer is  a  corporation.    There  is  much  of  real  psychological 
importance  in  this  change.    There  is  no  individual  to  bargain 
with,  because  the  foreman  who  has  received  instructions  to  take 
on  fifty  or  a  hundred  more  hands  has  no  authority  to  meet  the 
wishes  01  these  hands  as  to  any  of  the  working  conditions.    His 
course  is  set  for  him.    The  board  of  directors  sitting  around  the 
table  in  the  directors'  room  determine  wages,  hours  and  condi- 
tions of  labor  and  a  man  is  taken  on  if  he  is  willing  to  accept 
them..    There  is  no  bargaining.     It  is  to  restore  something  of 
these  personal  relations  and  to  secure  some  degree  of  bargaining 
over  wages  that  the  men  unite  and  authorize  officers  to  act  for 
them.    An  executive  committee  of  a  union  with  a  thousand  or 
more  members  can  meet  a  board  of  directors  and  often  gain  a 
hearing.     Through  such  an  organization  a  thousand  men  can 
speak  as  one  man.    Unions  seek  to  take  the  place  of  the  individ- 
ual workman  as  corporations  take  the  place  of  the  individual 
employer  and  aim  to  restore  something  of  the  equality  that  pre- 
viously e.xisted. 

Maintenance  of  Dividends.  -  But  while  corporations  have 
so  largely  abolished  the  personal  relations  and  personal  bargain- 
ing, they  have  also  been  responsible  for  another  important 


04      AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  I.AMOR 

change.     In  a  previous  paraK^aph  it  has  l.cen  cmphasi/r<l  that 
r.xcd   charges   have   become   ..f   lar-e   importance   in   business 
finance.    Thev  have  forced  upon  llie  pay  roll  a  responsinhty 
tha  il  ha.  not  ahvavs  had  to  hear.     To  this  must  he  added  a 
.,ruticc  in  corporation  hnance  that   makes  this  burden  even 
lu-vier     WlKn  times  are  {rood  market  (|Uotations  on  common 
stock  run  high  because  of  large  disidend..     If  these  favorable 
Inisine  w  conditions  continue  over  an  exlend>.d  penod  Inc  protits 
are   capitalized.      An   enterprise   witli   a   comparatively   small 
:  mount  of  real  capital  invested  "cuts  a  melon,"  distril)utmg 
more  shares  of  stock  to  the  same  stockholders  without  calling 
for  anv  added  investment  or  outlay  on  their  part.    These  new 
stock  issues  become  a  l^xed  charge  against  lurlher  earnings. 
Xot  in  the  same  sense  as  would  be  true  of  bond^.  to  be  sure, 
hut  vet  virluallv  a  fixed  charge  against  the  future  earnings  ci 
the  industry.    Regular  dividends  of  the  establishe.l  amount  must 
be  pai.l  on'them  becau>e  the  credit  of  the  company  is  at  stake. 
From  two  to  four  or  live  or  more  times  the  reasonable  returns  on 
the  initial  investment  are  thus  paid  as  dividends.     Striken  o 
laborers  against  high  dividends  to  st.Kkholders  are  not  usual 
occurrences  vet.     But  it  is  not  at  all  improbable  that  their  fre- 

iT„;,,„  ),..,,i,.r-;    ir,.  tdlli^winrr  vcrv  intel- 

quencv  may  lucieaftt.     cn.vni  .c..v.v..   ...w    -  o        . 

ligenllv  the  reports  of  the  numerous  investigations  into  business 
activity.  Thev  are  learning  more  of  these  modern  finance  meth- 
ods thev  are  becoming  more  directly  interested  in  them.  The 
organizations  among  laborers  are  becoming  more  active  in 
seeking  to  i)rotect  their  own  interests  in  these  lines.  It  is  coming 
to  be  a  very  positive  reason  for  some  of  the  policies  of  organized 
labor. 

Employers'  Associations 


1~c  other  element  demands  attention.  Employers'  a>socia- 
tionrarc"  a  power  that  has  to  be  reckoned  with.  It  must  be 
admitted  that  thev  are  of  not  quite  the  same  signilicance  as  the 
elements  that  have  been  named  thus  far  in  the  chapter.  Em- 
plovers  would  explain  their  organizations  often,  if  not  always,  as 
their  answer  to  the  organization  of  labor.    In  a  sense  this  is  true 

,        ,•     1  \   , ,1,,,,-,  ,,ifrli  in^•(.ct  i(T'itlMn  niii'ht   lead 

V  el  not  entirely  >o.    A  luuit  Iuo.uuh''  ■ n •  'o 

to  the  question:  who  ticgan  it?     No  very  satisfactory  results 


MODERN  INTJUSTRIAI-ISM 


65 


could  folln,v  such  :in  investigation.  Nor  docs  it  need  to  be 
madr.  Thu  lluation  is  rlear  if  the  present  time.  Employers 
a-^-sociations  exi-t.  They  are  pou  rful.  No  one  realizes  thif  more 
fulK  than  the  lalH)rer  himself.  To  counteract  their  power  and 
10  securr  to  themselves  a  great-T  bargaining  strength,  the  laborers 
>eek  to  -rganize  the  more  eliectively.  Each  new  element  of 
org.  iziition  on  the  part  of  one  ha  'ed  to  a  new  move  by  the 
other,  ^o  til  t  in  the  past  few  years  it  is  probably  in  part  true 
that  eaih  side  can  truthfully  say  that  it  is  strengthening  its 
orKanizali<in  i    :ause  the  oth.r  is  doing  the  same. 

Early  .\ssociations.  —  These  associations  of  employers  are 
lot  a  ,  arely  modern  invention.  The  early  clTorts  of  the  laborers 
to  speak  co''  (lively  were  met  by  collective  replies  from  their 

1  .  -    ---1,.  ...-    tO--.  tUp   mprchT^nt*  anrl   shipowners 

empiovers.     .vs  cany   aa   i^'^^  "'<-   ">c.^uai.w..  a.i_  -  -1 

of  Bostt.n  formed  an  association  to  deal  with  their  laborers. 
They  are  reported  to  have  voted  to  "discountenance  and  check 
me  u  lawful  combination  fonned  to  control  the  freedom  of 
individuals  as  to  the  hours  of  labor  and  to  thwart  and  embar- 
rass those  by  whom  they  are  employed  and  liberally  paid." 
They  also  "deplored  the  pernicious  and  demoralizing  tendency 
of  those  combinations  and  the  unreasonableness  of  the  attempt, 
in  particular  where  mechanics  are  held  in  so  high  estimation  and 
tht^ir  skill  in  labor  so  liberally  rewarded."    They  finally  resolved : 
"We  will  neither  employ  any  journeyman  who  at  the  time 
belongs  to  such  combinations,  nor  will  we  give  work  to  any 
master  mechanic  who  shall  emplo>   them  while  they  continue 
thus  pled-ed  to  each  other  and  refuse  to  work  the  hours  it  has 
been  and  now  is  customary  for  mechanics  to  work."    This  com- 
bination is  reported  to  have  embraced  one  hundred  and  six 
firms  in  all.    There  were  other  associations  during  these  early 
years,  all  formed  for  essentially  the  same  puqjose  and  express- 
ing themselves  in  much  the  same  manner  as  to  the  necessity 
for  controlling  the  laborers  in  their  organized  activities. 

Later  Growth.  In  1S64  the  iron  founders  of  Chicago  recog- 
nized the  necessity  of  an  association  in  that  city.  As  a  result 
"•as  formed  the  Iron  Found  rs  Association  of  Chicago.  This 
body  apparently  agreed  that  the  laborers  might  properly  form 
their  unions  for  purposes  that  concerned  only  themselves. 
Such  activity  must  be  kept,  howeve..  within  proper  limits. 
"When  employees  seek  to  enter  the  sphere  of  employers," 


1 


66      AX  INTRODUCTION  TO  STUDY  OF  ORCiANIZED  LABOR 


they  asserted,  "and  to  dictate  to  them  in  the  management  of 
their  "business,  it  becomes  not  only  the  ripht  but  the  duty  of 
employers  to  check  and  suppress  such  movements  by  any  law- 
ful means." 

It  was  not  long  before  national  associations  came  into  the 
field.  In  1S75  the  National  Potters  Association  was  formed. 
Then  followed  the  Stove  Founders  National  Defense  As.socia- 
tion  (1S.S6)  which  was  further  developed  into  the  more  com- 
prehensive National  Founders  Association  (1S98).  The  metal 
trades  came  together  in  the  National  Metal  Trades  Association 
(1899).  By  1905  several  important  trades  were  organized  on 
a  national  basis.  Among  them  were  the  stove  and  furnace 
industry,  metal  foundr\'  work,  lake  transportation,  machine 
construction,  i)ublishing  and  printing,  marble  cutting  and  man- 
ufacture of  ready-made  clothing.  All  of  these  became  strong 
national  organizations  treating  with  the  employees  collectively 
by  contracts.  In  addition  to  these  larger  ones,  there  were 
numerous  local  associations  formed  for  the  same  general  pur- 
poses. 

The  National  Association  of  Manufacturers  was  formed  in 
1895.  Its  main  purpose  was  to  push  export  trade.  It  early 
became  interested  in  the  activities  of  labor  organizations  and 
developed  its  policies  accordingly.  By  1903  it  had  formed  the 
Citizens  Industrial  Association  of  America.  This  last  named 
association  became  at  once  ver>'  active  in  connection  with 
labor  unions.  In  1903  the  president  of  the  older  organization, 
who  was  made  the  first  president  of  the  Citizens  Industrial  Asso- 
ciation of  America,  devoted  his  presidential  address  almost  en- 
tirely to  the  relations  of  capital  and  labor.  The  policy  made 
the  association  the  leader  in  opposition  to  "trade  union  en- 
croachments." It  was  evidently  as  the  result  of  this  address 
that  the  Citizens  Industrial  Association  was  formed.  Together 
these  two  associations  (which  were  in  a  sense  u  single  organi- 
zation) represented  a  combination  of  si.xty  national  associations, 
sixty-six  district  and  state  organizations  and  three  hundred 
thirty-five  locals.  One  more  step  in  the  consolidation  was 
lirought  about  in  1907  with  the  formation  of  the  National  Coun- 
cil for  Industrial  Defense.  This  was  made  up  of  two  hundred 
twenty-eight  national,  state  and  local  organizations  of  business 
men.    The  Citizens  Industrial  As-ociation  of  America  was  one 


MODERN  INDUSTRIALISM 


67 


I 


of  this  proup.  The  labor  principks  of  the  National  Assocut  on 
of  Manufacturers  may  he  summed  up  m  the  nllowm,  .onl  . 
'■The  National  Association  of  Manufacturers  disapproves  abso- 
lutely of  strikes  and  lockouts,  and  favors  an  e^iu.tab  e  adjust- 
ment of  all  differences  between  employers  and  empoytx-.  by 
an  amicable  meth.xi  that  will  preserve  the  rights  of  both  par- 

'"characteristic  Form. -The  usual  form  of  the  organization 
of  these  employers'  associations  may  be  ^netly  described  in 
outUne.    The  membership  consists  of  employing  firms.     Th.st 
members  elect  an  administrative  council.     Dues  are  paid  and 
become  the  basis  for  a  "defense  fund."    Any  employer  who  has 
trouble  in  his  shop  is  bound  by  the  rules  to  report  the  same  to 
the  council.     If  the  trouble  be  serious,  the  council  take,  charge 
and  under  penalties  more  or  less  heavy  the  employer  is  bound 
to  take  no  action  not  advised  or  approved  by  the  councd.    The 
council  investigates  and  endeavors  to  adjust  the  d.fhculties 
in  accordance  with  the  principles  on  which  the  association  is 
based.     If  the  adjustment  cannot  be  made  in  this  manner, 
then  all  the  members  of  the  association  become  in  fact  backers 
of  the  employer  in  his  struggle.     If  the  territory-  covered  by 
the  membership  be  large,   the  area  is  divided  mto  distr ict^s 
and  a  chairman  and  vice-chairman  named  for  each  di.tr  ct. 
These    together  with   the  officers  of  the  association   and  the 
salaried  e.xecutive  secretary,  constitute  the  administrative  coun- 
cil     The  executive  officer  investigates  cases  of  trouble  tirst. 
When  he  takes  charge,  the  employer  is  bound  to  carr>-  out 
anv  decision  made  by  him  and  the  administrative  council 
Pending  such  action  and  decision  he  cannot  make  a  settlement 
in  any  other  way.     In  case  of  strike,  the  association  furnishes 
aid  in  various  forms.    Through  employment  agencies  they  may 
assist  him  in  securing  competent  and  docile  workmen.    They 
mav  provide  for  having  his  orders  filled  through  other  shops. 
They  may  provide  him  with  necessary  cash  in  case  o    ncea. 
They  may  engage  a  number  of  skilled  men  under  yt^arly  con- 
tracts who  will  be  available  to  send  to  any  shop  where  they 
may  be  needed  because  of  a  strike.    They  may  issue  a  period- 
ical or  circular  which  will  convey  to  aU  members  such  items 
as  may  be  of  interest.    These  various  activities  may  of  course 
be  modified  to  suit  the  needs  of  either  the  locality  or  the  mdus- 


68     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

try.     The  thoroughness  of  the  cooperation  is  sufficiently  ap- 
parent. 

Purposes :  Employers'  Statements.  —  Two  lines  of  state- 
ments from  such  asscxiiations  as  these  must  be  made  in  order  to 
see  their  purjjoses  as  clearly  as  the  laborers  do.  Taking  the 
Citizens  Industrial  Association  for  illustration,  there  is  first  the 
set  of  resolutions  adojited  at  their  first  meeting. 

'•Whereas,  the  strained  relations  between  employer  and  em- 
ployee are  rapidly  reducing  the  business  conditions  of  the 
country  into  a  state  of  chaos  and  anarchy ,  and  the  forces  of 
socialism  which  are  assuming  control  of  the  situation  regard 
neither  law  nor  the  rights  and  the  liberties  of  individuals,  and 

"Whereas,  the  Constitution  of  the  United  States  provides 
that  'Congress  shall  have  power  to  regulate  commerce  with 
foreign  nations  and  among  the  several  States,'  and  further 
provides  that  "No  person  shall  be  deprived  of  life,  liberty, 
or  property  without  due  process  of  law,  nor  shall  private  prop- 
erty  be   taken   without   just    compensation,'   therefore   be  it 

"Resolved,  that  this  convention  demands  that  the  officials, 
whether  civic.  State,  or  national,  enforce  the  law  of  the  land 
and  see  to  it  that  every  man,  woman  and  child  seeking  to  earn 
an  honest  livelihood  shall  be  protected  therein  by  the  whole 
force  of  the  State  or  of  the  nation,  if  it  be  necessary. 

"Resolved,  therefore,  that  in  carrying  on  a  firm  and  uncom- 
promising contest  with  the  abuses  of  unions  as  now  constituted 
and  conducted,  at  the  same  time  acknowledging  the  free  right 
of  workmen  to  combine,  and  admitting  that  their  combination 
when  rightfully  constituted  :■'  conducted  may  prove  highly 
useful,  we  earnestly  desire  to  act.  and  believe  we  are  acting, 
in  the  true  interests  of  the  workingmen  themselves,  for  our 
welfare  is  inseparable  from  theirs  and  theirs  from  ours;  we 
arc  essentially  interdependent,  each  is  indispensably  necessary 
to  the  other;  an^  those  who  stir  up  strife  between  us  are  enemies 
of  mankind. 

"Resolved,  that  the  Citizens  Industrial  Association  of  Amer- 
ica is  in  earnest  sympathy  with  every  movement  in  the  interest 
of  labor.  Believing  that  there  can  be  no  national  prosperity 
where  the  working  masses  are  ground  down  in  hopeless  poverty 
and  ignorance,  we  hold,  as  happiest  of  all  the  results  of  the 
great  industrial  revolution  achieved  in  the  last  half  century, 


MODERN  INDUSTRIALISM 


69 


the  fcrcatly  advanced  and  improved  condition  of  the  working- 

"^^r:!::r?h";!?^lten.ents  appea.  in  the  suggestions 
.nd  the  plans  of  the  orgaruzatu.n.     One  of  the  pun^osc-s  was 
U     '' protecfon  of  free  labor."     This  was  to  be  accomphshed 
by  a  bureau  ..f  information  for  the  use  of  the  members.     One 
of  the  pun>oses  of  the  bureau  was  to  "keep  a  carefully  U.bu- 
late.1   recc?rd   of   all   lawbreakers  and   undes.rab  e   workmen. 
The  union  label  was  denounced  as  "a  form  of  'I'-nmmaUnn 
in  fact  a  species  of  the  boycott."    From  the  statement  of  the 
ofTicials  it  is  learned  that  "this  is  not  the  proper  time  to  talk 
alncitiation  .  .  .  -- the  principles  and  demands  o   organuei 
labor  are  absolutely  untenable  to  those  behevmg  '"  ^ht  >nd.- 
vidualistic  social  order.    Neither  is  it  the  time  to  talk  arbitra- 

'taSoSv^:^^e 'laborer  who  is  at  all  observant  of  this 
situation  will  be  sure  to  be  more  impressed  with  the  second  line 
o  s  atements  than  with  the  first.  He  will  see  in  these  comln- 
nations  fighting  organizations  against  which  he  must  oppose 
some  force  or  allow  his  liberties  to  be  determined  for  him  en- 
tirelv  by  the  employers. 

These  denunciations  of   labor  organiziitions  are  not  pecu- 
liar to  any  one  group  of  employers.    The  list  of  quotations 
might  be  extended  to  much  greater  length.    Yet  one  other  state- 
ment must  suffice  to   illustrate.     "Since   we,"  as  employers, 
^are  responsible  for  the  work  turned  out  by  our  workmen, 
we  must  therefore  have  full  discretion  10  designate  the  men  we 
Lsider  competent  to  perform  the  work  and  to  determine    he 
conditions  under  which  that  work  ^hall  be  prosecuted    the 
question  of  the  competency  of  the  men  being  determined  solely 
by  us.     While  disavowing  any  intention  to  interfere  w  th  the 
pJoper  functions  of  labor  organizations,  we  w.ll  not  admit  of 
Lny  interference  with  the  management  of  our  business. 

The  description  of  this  situation  may  be  closed  with  the 
statement  of  an  advocate  of  the  employers  associations.  Al 
the  employers'  organizations  with  which  I  am  familiar  are  based 
upon  the  princii'e  of  dealing  fairly  with  their  workingmen 
and  establishing  equity  and  justice  as  betw-een  the  tw-o.  _. 
The  real  right  or  the  real  principle  which  should  govern  both 
bodies  is  a  common  interest."     Doubtless  every  labor  leader 


■11 


70      AN   IMKOl'l  CnON  TO  STl  DV  OK  OK(  ;.\M/.i;i )  LABOR 

would  siihsrrihf  to  such  a  description  of  every  labor  union 
with  which  he  is  familiar.  It  is  not  the  >;eneral  statements  on 
either  side  th.at  count  with  each  other,  The  acts  of  each  prompt 
the  othtr  to  lontinut'  the  work  of  orRani/ation. 

Conclusions.  Thus  there  appears  an  important  Rroup  of 
reasons  for  the  existence  and  the  activities  of  labor  unions. 
Taken  together  with  historical  developments  they  form  a  solid 
basis  of  explanation  lor  their  bein^.  Their  policies,  their  activi- 
ties, their  ti,«htinK  spirit,  all  are  easily  enough  accounted  for  when 
the  explanation  i-  fairly  sought  out.  Without  a  review  of  these 
x.irious  elements,  historical  and  current,  it  is  quite  impossible 
to  understand  trade  unionism.  To  one  whose  mind  is  closed 
to  these  facts,  labor  organizations  must  appear  quite  incompre- 
hensible. Hut  to  one  who  does  see  clearly  the  linos  of  current 
industrial  life  and  who  does  tract  them  fairly  into  the  past, 
their  existence  must  cease  to  be  cause  for  wonder. 

One  may  or  may  not  a().ir()ve  their  policies.  That  is  a  ques- 
tion that  comes  later.  One  cannot  fairly  say  that  labor  organi- 
zations have  no  reason  for  existence. 


m  t 


PART  IT 
THE    STRUCTURE 


MICROCOPY    RESOLUTION    TEST    CHART 

ANSI  and  ISO  TEST  CHART  No    2 


1.0 


I.I 


|Z2 
2.0 

1.8 


1.25 


1.4 


1.6 


A     APPLIED  IIVMGE 


'leitef.    New    to'H         '-^ 
>5)   *82  -  0300  -  Phone 


CHAPTER  V 
THE  KNIGHTS  OF  LABOR 

In  spite  of  changing  conditions  and  the  fleeting  nature  of 
associations  of  laborers,  efforts  persisted  for  a  larger  organiza- 
tion, one  that  would  in  some  way  unite  all  elements  of  labor 
strength  into  a  single  unit  in  the  interests  of  efficiency.  The 
need  was  recognized  more  and  more,  and  past  efforts  furnished 
both  the  warning  a  d  the  inspiration  to  consummate  the  plan. 
The  years  during  the  Civil  War  and  immediately  following  wit- 
nessed the  formation  of  several  societies  that  were  of  direct 
importance  not  so  much  for  what  they  actually  did  as  for  the 
influence  on  the  movement  that  finally  did  bring  together  into 
one  organization  a  larger  number  of  workmen  engaged  in  a 
greater  variety  of  trades  than  the  country  had  yet  seen. 

Forerunners.  —  One  that  should  be  named  in  this  list  was  the 
Knights  of  St.  Crispin.     This  society  was  formed  among  the 
more  intelligent  shoe  makers  and  had  an  unusual  development. 
It  began  its  career  in  1867  with  the  first  workmg  lodge  organized 
in  Milwaukee.    Its  spread  was  rapid  in  the  centers  of  the  shoe 
trade  especially  in  Massachusetts.     In  1868  the  first  Grand 
Lodge  meeting  was  held  with  about  600  chapters  chartered. 
"For  five  subsequent  years,"  as  is  stated  in  McNeill's  Labor 
Movement,  "the  Order  of  the  Knights  of  St.  Crispin  was  a 
power  in  the  land.    It  made  and  unmade  politicians;  it  estab- 
lished a  new  journal;  it  started  cooperative  stores;  it  fought, 
often  successfully,  againsi  threatened  reductions  of  wages  and 
for  better  returns  to  its  members  for  labor  performed;  it  grew 
rapidly  in  numbers,  and  became  international  in  its  scope;  it  is 
estimated  that  400  lodges  and  40,000  members  at  one  time  owed 
it  allegiance;  it  became  the  undoubted  foremost  trade  organiza- 
tion of  the  world."    The  causes  for  its  decline,  as  given  by  its  own 
members,  were  interference  in  politics,  treachery  of  leaders,  high 
salaried  officers.    Speaking  more  in  the  spirit  of  the  times,  the 
writer  just  quoted  says  that  "to  the  dispassionate  observer,  it 

73 


74      AX  INTRODrCTIOX  TO  STL'I)\'  OI    ORCAMZFJ)  '  \BOR 


would  seem  as  if  a  deeper  reason  exists  for  tlie  failure.  .  .  . 
The  Crispins  failed,  not  because  they  were  a  trade  organization, 
but  because,  while  seeking  justice  for  their  own  members,  they 
failed  to  be  just  to  the  workers  outside  their  fold.  The  e.xcessive 
restrictions  imposed  by  local  lodges  on  their  members  against 
teaching  any  parts  of  boot  or  shoe  making  to  others,  was  as  un- 
tenable a  position  as  the  'iron-clad'  of  the  manufacturers." 

One  other  organization  of  this  period  that  should  receive 
mention  was  the  National  Labor  Union.  This  was  a  delegate 
convention  made  up  of  representatives  of  local,  state  and  na- 
tional trade  associations  the  membership  of  which  at  its  height 
was  reported  to  be  640,000.  Seven  annual  conventions  were 
held  beginning  in  1866.  At  first  the  powers  of  the  national  body 
were  advisory  only  and  i  ^  aim  chielly  political.  Its  powers  were 
strengthened  somewhat  as  experience  showed  weakness.  The 
convention  was  given  authority  to  charter  new  locals  and  to 
exercise  some  degree  of  control  over  them.  While  the  growth  of 
this  society  was  unusual  it  was  nevertheless  of  a  "mushroom" 
character.  In  187 1  the  complaint  was  made  that  it  was  losing 
ground  and  the  following  year  the  annual  con\ention  proved 
to  be  a  '"funeral,"  the  society  dying  of  what  Professor  Ely  has 
diagnosed  as  ''the  fatal  malady,  politics."  The  association  had 
accomplished  during  its  short  life  two  noteworthy  things,  how- 
ever. It  had  given  a  strong  impulse  to  the  eight-hour  movement 
and  contributed  largely  to  the  agitation  for  the  establishment  of 
bureaus  of  labor  statistics. 

Origin  of  Knights  of  Labor.  —  The  movement  that  expressed 
itself  in  these  and  other  forms  at  about  the  same  time  was  to 
manifest  itself  in  a  society  of  larger  proportions,  wider  influence, 
and  greater  degree  of  permanency,  the  Xoble  Order  of  the 
Knights  of  Labor.  The  more  important  facts  in  the  history  of 
this  society  may  be  related  very  briefly.  The  tailors  of  Philadel- 
phia had  had  a  strong  organization.  The  cheap  work  by  which 
government  contracts  had  been  tilled  for  army  supplies  had 
undermined  the  standards  of  the  trade  and  the  Garment  Cutters 
Union  was  losing  ground.  Among  the  members,  however,  were 
a  few  more  farsighted  who  looked  beyond  the  pending  dissolu- 
tion to  something  better.  When  the  tinal  vote  had  been  taken 
which  accom[)lished  tiie  dissolution  of  the  union,  some  of  these 


THK  k. NIGHTS  OF  LABOR 


75 


partly  formulated.  The  leader  of  this  Rroup  was  Uriah  S. 
Stevens  vho  became  the  founder  of  the  new  society.  In  iSbg 
the  new  relations  were  assumed  and  in  1871  the  name,  tiie  Xoble 
Order  of  the  Knights  of  Labor,  was  adopted.  The  membership 
was  at  llrst  limited  to  tailors.  Soon  others  were  admitted  as 
associate  members  and  after  they  became  familiar  with  the  aims 
were  permitted  to  organize  n.w  societies  among  their  lespective 
trades.  These  were  known  as  a-semblics.  With  the  formation 
of  new  ones  the  parent  assembly  became  Assembly  Xo.  i  and  the 
others  were  numbered  serially.  Xo.  2  was  organized  among  the 
l'hiladeli)hia  ship  carpenters.  Xo.  t,  was  made  up  of  shawl 
weavers.  Then  in  turn  came  carpet  weavers,  riggers,  while  still 
other  trades  followed.  Before  the  end  of  1S73  there  had  been 
formed  eighty  assemblies  in  various  trades,  some  in  territory 
outside  of  Philadelphia.  By  the  close  of  1876  there  were  over 
one  hundred  such  local  assemblies. 

When  five  assemblies  had  been  formed  it  began  to  appear 
necessary  to  have  some  authority  uniting  them.  At  first  there 
was  established  a  Committee  on  the  Good  of  the  Order  made 
up  of  three  from  each  local.  Assembly  X"o.  i  retained  its  prestige 
and  was  practically  the  center  of  influence  and  authority.  By 
1S73  this  temporary  committee  gave  way  to  a  delegated  body 
known  as  the  District  Assembly.  With  the  increase  of  local 
assemblies  other  district  assemblies  were  formed  designated 
numerically,  as  were  the  locals.  The  parent  local  of  which 
Stevens  was  the  Master  Workman  together  with  the  other  early 
ones  formed  District  Assembly  Xo.  l  with  Stevens  at  its  head. 
The  increase  of  district  assemblies  led  to  the  establishment  of  a 
national  union.  In  1878  this  was  consummated  in  a  General 
Assembly  with  delegates  from  seven  states  representiiig  fifteen 
trades.  Stevens  was  chosen  tirst  Grand  Master  Workman.  The 
year  following  delegates  assembled  from  thirteen  states.  After 
that  time  conventions  were  held  annually.  Thus  the  new 
society  grew  on  its  organization  side.  Its  membership  increased 
with  unparalleled  rapidity.  Xo  very  accurate  information 
exists  as  to  the  numbers  for  the  earlier  years.  The  quarterly 
reports  for  the  first  year  show  that  at  the  end  of  the  first  three 
months  twenty-e'o;ht  members  were  enrolled;  the  second  quarter 
showed  forty-three  members;  in  the  third  this  was  increased  to 
fifty-two  and  at  the  end  of  the  year  the  number  stood  at  sixty- 


AX   INlKOIUrnuX  TO  STUDY  OI-  ORdANT/Kl)  LABOR 


nine.  Rumor  .seems  to  have  exaggerated  the  numbers.  In  1S78 
the  membership  was  reported  to  be  as  higli  as  So,ooo.  This,  in 
the  opinion  of  Carrol!  1).  Wright,  was  an  exaggeration.  He 
regarded  the  mem])ershi[)  as  probal)ly  small,  "not  counting  far 
into  the  thousands."  Hy  1SS3  the  reports  were  more  reliable  and 
at  this  time  the  memliership  stood  at  52,000.  The  next  three 
years  showed  a  phenomenal  growth,  expanding  in  1886  to  over 
'700,000.  This  was  the  high  water  mark.  The  authorities 
realized  that  it  would  be  quite  impossible  to  assimilate  new 
members  so  rapidly  and  that  there  was  danger  that  the  ideals 
of  the  society  would  suffer.  The  growth  was  checked  for  a  time 
for  this  rerson.  Other  intlr.ences  began  to  act  also  with  the 
result  tha.  the  numbers  began  to  decrease. 

One  special  feature  of  the  Knights  of  Labor  that  characterized 
its  early  years  was  its  close  secrecy.  Its  name  was  not  known  but 
was  designated  by  five  asterisks.  This  caused  it  to  be  spoken  of 
as  the  society  of  the  "Five  Stars."  Considerable  alarm  was 
awakened  by  the  fact  that  the  appearance  of  certain  cabalistic 
signs  appearing  mysteriously  in  a  public  place  would  bring 
together  hundreds  of  workingmen.  The  clergy,  both  Catholic 
and  Protestant,  took  notice  of  the  fact  and  used  their  influence 
in  public  utterance  against  this  unknown  society.  .\t  the  be- 
ginning the  Knights  had  an  elaborate  ritual  handed  on  by  word 
of  mouth  but  not  reduced  to  writing.  This  ritualistic  form  later 
gave  way  to  general  laws  of  government  which  were  slowly 
expanded  into  a  constitution  and  laws  controlling  the  relations 
of  the  several  parts.  The  public  hostility  was  somewhat  mod- 
ified by  a  partial  removal  of  the  injunction  to  secrecy.  This  was 
done  first  by  making  it  optional  with  each  local  to  decide  whether 
or  not  secrecy  conduced  to  the  Ixst  results  in  its  locality.  Many 
came  out  in  the  open,  and  in  18S1  action  was  taken  by  the 
General  Assembly  removing  the  secrecy  from  the  Order  gen- 
erally. With  the  adoption  of  this  new  policy  much  of  the  keener 
opposition  was  removed  and  the  membership  began  to  increase 
rapidly. 

Its  Fonn.  —  \l  the  height  of  its  power  the  Knights  of  Labor 
was  organi/.ed  on  the  j)lan  that  has  just  been  indicated.  The 
load  assemblies  constituted  the  organization.  These  locals 
were  comiiosed  sometimes  of  one  trade  and  sometimes  of  sev- 
eral.   It  was  not,  strictly  speaking,  a  trade  society.    The  earlier 


THK  KNIGHTS  OF  LABOR 


77 


locals  were  usually  of  a  single  trade  while  the  ones  formed  later 
were  more  generally  mixed.  There  were  some  instances  of  locals 
comi)osed  entirely  of  women,  though  it  was  not  till  iSSi  that 
women  were  admitted  to  membershij).  The  membership  was 
made  up  generally  of  wage  earners,  howe\er.  Skilled  and  un- 
skilled alike  were  accepted.  In  i8S6  a  mixed  assembly  in  Chi- 
cago had  a  woman  as  its  "Master  Workman."  Colored  work- 
men were  first  organized  in  assemblies  in  1883  and  for  a  few 
years  this  class  of  membershiii  increased  rapidly.  A  later 
regulation  declared  that  at  least  three-fourths  of  the  member- 
ship of  new  locals  must  be  of  the  wage  earning  class.  The 
membership,  open  as  it  was,  was  not  without  limitation.  The 
age  limit  was  si.xteen  for  unions  already  established  but  for  new 
locals  the  membership  must  be  entirely  of  those  over  eighteen 
years  of  age.  A  further  restriction  appears  in  the  following 
section  of  the  constitution  of  locals.  "No  person  who  either 
sells  or  makes  a  living,  or  any  part  of  it,  by  the  sale  of  intoxi- 
cating drink,  either  as  manufacturer,  dealer  or  agent,  or  through 
any  member  of  the  family,  can  be  admitted  to  membership 
in  this  order,  and  no  lawyer,  banker,  professional  gambler  or 
stock  broker  can  be  admitted."  Prior  to  18S1  physicians 
also  were  excluded. 

The  district  assemblies  were  formed  sometimes  on  the  basis 
of  trade  groups  and  in  other  cases  the  geogTa[)hical  bond  united 
them.  More  recently  the  districts  have  come  to  be  limited 
by  state  boundaries  and  the  district  assembly  has  become  the 
state  assembly.  The  General  Assembly  is  a  delegate  body  rep- 
resenting the  entire  membership.  Usually  the  locals  are  re- 
lated to  the  general  body  through  the  district  or  state  unit, 
though  this  is  not  always  the  case.  Some  locals  are  independent 
of  the  district  organization  and  are  directly  connected  with 
the  General  Assembly. 

Its  Spirit.  —  With  this  organization  the  Knights  of  Labor 
has  been  able  to  make  itself  felt  in  industrial  life.  First  it  was 
powerful  by  virtue  of  its  secrecy.  With  the  passing  of  this 
phase  the  society  took  up  with  enthusiasm  the  policy  of  the 
strike.  Though  this  was  not  entered  upon  without  opposition 
yet  the  mcTJority  prevailed  and  strikes  were  popular  in  the 
Order.     This  counsel  prevailed  during  the  years  between  1878 


ci  1 J  VJ.     1.  o  1.  J 


.31 


OrXtCl.       VVlil\-il      Lll^- 


&v./i.i     ^i^U>J. 


i:iLiLUwlUii 


7'^ 


AX  INTRODUCTION  TO  STUDY  OF  ORC;.\NIZr.I)  LABOR 


RovominR    local   assemblies  was  modified  containing    the   fol- 
lowing  clause:    "While  acknowledKin«   that    it   is  sometimes 
necessary  to  enjoin  an  oppressor,  yet  strikes  should  l.e  a\oided 
whenever  possible.      Strikes,  at   best,  only  afford   temjwrary 
relief ;  and  members  should  be  educated  to  depend  upon  thorough 
organization,  coiiperation,  and  political  action,  and,   through 
these,  the  abolishment  of  the  wage  system.    Our  mission  cannot 
be  accomplished  in  a  dav  or  a  generation.    AgiUition,  education, 
and   organization   are   all    necessary.  '      In   the   estal^lishment 
of  an  assisUmce  fund   the  Order  was  particularly  caretul  to 
guard  against  the  use  of  this  money  for  strikes.     "We  declare,' 
read  this  section  of  the  constitution,  "that  strikes  are  deplor- 
able in  their  effect  and  contrar>-  to  the  best  interests  of  the 
order,  and  therefore  nothing  in  this  article  must  be  construed 
to  give  sanction  to  such  efforts  for  the  adjustment  of  any  diffi- 
culty, except  in  strict  accordance  with  the  laws  laid  down  in 
this' article."    In  the  sections  that  followed  the  law  was  made 
so  rigid  that  it  was  practically  impossible  for  a  local  to  secure 
anv  funds  for  the  conduct  of  a  strike.    Thus  was  brought  to 
an'end  the  possibility  of  a  strike  that  had  behind  it  the  support 
of   the  Order  as  a  whole.     "We  must  teach  our  members," 
declared  the  leader,  Mr.  Powderly,  before  one  of  the  annual 
conventions,  "that  the  remedy  for  the  redress  of  wrongs  we 
complain  of  does  not  lie  in  the  suicidal  strike;  but  it  lies  in 
thorough  effective  organization.    Without  organization  we  can- 
not accomplish  anything;  through  it,  we  hope  to  forever  banish 
that  curse  of  modern  civilization,  —  wage-slavery." 

Probably  no  society  has  ever  looked  out  upon  a  more  brilliant 
future  than  did  the  Noble  Order  of  the  Knights  of  Labor  as 
it  completed  its  organization  with  the  General  Assembly  at 
its  head.  Its  aims  were  noble  and  its  ideals  high.  One  of  its 
founders  in  discussing  the  prospects  for  a  new  society  at  the 
time  of  the  dissolution  of  the  union  of  the  garment  cutters 
said  that  he  had  been  looking  all  his  life  "for  something  that 
will  be  advantageous  to  the  masses;  something  that  will  de- 
vek)p  more  of  charity,  less  of  selfishness;  more  of  generosity, 
less  of  stinginess  and  meanness  than  the  average  society  has 
as  yet  disclosed  to  its  members."  This  is  shown  again  in  the 
v-T.-.rd"--  o.f.  .another  of  the  leaders  when  speaking  oi  the  fact  that 
the  Order  of  the  Knights  had  grown  out  of  a  failure.     It  was, 


THK  KNIGHTS  OF  LABOR 


79 


lu-  said,  ";t  failure  of  the  tradi-  union  to  Rrapple,  and  sxitisfac- 
torily  deal  with  the  labor  question  on  its  broad,  fur-reaching, 
basic  principle:  the  right  of  all  to  have  a  say  in  the  aflairs  of 
oni'.  It  was  because  the  trade  union  failed  to  recognize  the 
rights  of  man  and  lix)kcd  only  to  the  rights  of  tradesmen  that 
the  Knights  of  Labor  became  a  possibility." 

Again  the  exaltec!  ideals  of  the  founders  may  be  illustrated 
in  the  words  of  Stevens  himself:  "The  few  are  millionaires; 
the  many  struggle  for  bread.  Where,  if  not  here  in  this  Western 
World,  shall  the  patriotism  and  statesmanshi[)  be  found  to 
preser\-e  the  race  from  destruction?  Neither  the  bayonet,  nor 
bullets  from  galling  guns  can  save  us.  Justice  to  all  alone 
can  do  it.  .  .  .  Your  presence  here  gives  us  life  and  hope.  .  .  . 
Coming  as  you  do  from  all  over  this  continent,  shows  the  magni- 
tude of  the  awakening.  It  foretells  the  blessing  of  Heaven  upon 
those  who  help  themselves.  It  secures  the  coming  'to  the 
fore'  at  an  early  day  in  industrial,  political  and  s<.)cial  life  of 
those  principles  and  legal  enactments  that  shall  secure  the 
physical  well-being,  the  mental  development  and  the  moral 
elevation  of  mankind."  These  high  hopes  lived  in  the  hearts 
of  many  who  were  inside  the  Order.  Powderly,  in  closing  his 
history  says:  "The  historian  of  the  future  will  record  that 
the  revolution  inaugurated  by  the  Knights  of  Labor  and  car- 
ried forward  by  the  force  of  thought  and  ideas,  won  more  for 
the  cause  of  human  liberty  than  the  revolutions  which  spilled 
the  blood  of  humanity's  advocates  through  all  the  centuries 
of  time." 

In  Simon's  history  the  account  opens  with  a  most  enthusiastic 
statement  of  the  importance  of  the  Order.  "No  labor  organi- 
zation in  the  world  has  ever  had  the  strength,  as  well  as  the 
solidarity,  of  the  Knights  of  Labor.  It  is  a  new  factor  in  the 
labor  problem,  and  one  whose  consequences  can  hardly  yet 
be  com{)uted.  In  i86q  it  had  eleven  members;  it  now  has 
about  1,000,000  in  the  United  States  and  300,000  more  in  Can- 
ada. It  is  not  a  trades-union  nor  an  assemblage  of  trades- 
uni(,)ns.  It  accepts  the  unskilled  worker  to  as  full  fellowship 
as  the  most  cunning  artisan.  It  is  a  society  for  mutual  defence 
and  united  attack,  which  is  so  well  intrenched  that  every  care- 
ful thinker  must  recognize  it  as  one  of  the  social  forces  of  the 
day.    The  marvelous  rapidity  of  its  growth  is  in  itself  the  besl 


.So     AN   INTKODLt  rioX  T(J  STUDY  OK  ORGAXIZF.D  LABOR 

proof  of  its  utility.  Tin-  fact  that  it  lives  and  waxes  strong  is 
prima  facie  cvidtiKT  that  it  has  a  riRht  to  live  and  to  grow. 
At  the  present  time  it  is  the  strongest  weajion  which  civilization 
has  put  in  the  hands  of  labor."  It  is  "an  organi/ation  in  whose 
power  now  rests  perhaps  the  destinies  of  the  repuhlic.  .  .  . 
The  Knights  of  Labor  may  fail,  but  whether  the  organization 
dies  or  lives,  it  has  taught  a  les.son  which  will  ni'ver  be  forgotten 
as  long  as  man  shall  earn  his  bread  by  the  sweat  of  his  brow. 
It  has  demonstrated  the  overmastering  power  of  a  national 
combination  among  workingmen.  If  the  Knights  of  Labor 
were  to  dissolve  tomorrow,  on  the  next  day  a  new  society  would 
be  formed  to  push  )n  their  work." 

Writing  of  this  society  in  1886  when  it  was  in  the  height  of 
its  strength,  Professor  Ely  describes  it  as  "the  most  pow-erful 
and  the  most  remarkable  labor  organization  of  nuxlem  times, 
established  on  truly  scientit"ic  principles  which  involved  either 
an  intuitive  [perception  of  the  nature  of  industrial  progress,  or 
a  wonderful  acquaintance  with  the  laws  of  economic  society." 
Its  Decline.  -  The  decline  in  the  influence  of  this  society 
was  no  less  striking  than  its  rise.  Within  but  a  few  years  more 
than  it  had  taken  in  building  up  its  wide  influence  this  had 
been  lost,  its  membership  declined,  and  though  it  still  maintains 
its  existence,  it  does  so,  to  state  it  in  the  words  of  Professor 
Commons,  as  "a  bushwhacking  annoyance  on  the  heels  of 
its  successor." 

It  should  not  be  understood  that  the  Knights  of  Labor  did 
nothing  but  spring  into  prominence  and  out  again.  It  had, 
in  fact,  an  active  life  full  of  importance  to  its  members.  The 
truth  of  Professor  Ely's  statement  is  not  to  be  doubted.  In 
1886  the  organization  not  only  had  brilliant  prospects  but  was 
adapted  to  its  day  remarkably  well.  It  was  a  changing  era, 
however,  and  the  Knights  came  at  the  close  of  a  period  rather 
than  at  the  beginning.  It  is  not  because  the  Noble  Order  of 
the  Knights  of  Labor  did  nothing  but  exist  for  a  brief  peritxi 
that  it  receives  only  a  passing  notice  here.  It  belongs  essentially 
to  the  past  now  and  this  is  not  primarily  a  history. 

One  of  the  elements  of  weak.iess  in  the  Knights  was  its  dual 
organisation  in  a  trade.  During  the  last  quarter  of  the  nine- 
♦  ,,,>„♦>,  ppp.fi.rv  the  tr.ide  .-issemblies  were  forming  on  national 
lines.    The  Knights  recognized  these  as  important  and  sought 


A    .- 


TlIK  KNKIIITS  ()!    I..\li«)k 


8i 


to  incon.<,rato  them.     In  1SS7  then-  were  it>  the  Order  as  many 
as  twenty-two  national  trade  assemhhes.     These  existed  side 
by  side  with  the  lalH.r  as.en^.l)Ues  makinp  a  dual  ..rKani/.ation. 
This  proved  undoubtedly  to  be  an  element  of  weakness.     Prom 
x8H6    the  year  that  reRistereil  the  largest  membership    imonj; 
the  Knights,  the  decline  in  numbers  and  intluence  was  steady. 
The  causes  for  this  have  been  stated  in  various  forms  and  as  ot 
dilTerinK  imporUince.     They  may  be  summed   ui.  as  four  in 
number,     (i)  The  failure  of  expensive  symi)athetir  strikes  in 
which  the  Order  l^ecame  involved  in  spit-.-  of  its  professed  dis- 
approval of  such  acts  in  its  later  years.    (2)  Activity  in  political 
affairs     This  was  of  course  the  result  of  experience  and  there 
was  an  abundance  of  precedent  in  favor  of  political  action. 
It  did  not  bring  strength  t  .  the  Order,  however.    (,5)   I  he  pres- 
ence of  the  two  distinct  forms  of  organization  mentioned  above, 
the  mixed  labor  assembly  and   the  national   trade  assembly. 
These  proved  to  be  factors  that  undermined  rather  than  built 
up  the  strength  of  the  Order.     (4)  The  over-centrahzation  of 
power  in  the  hands  of  the  general  olBcers.     The  promoters  of 
the   first   assembly   guarded    very   jealously    their   leadership. 
They  were  the  source  of  authority.     This  relation  generated 
restlessness  and  suspicion  in  the  place  of  strength. 


i 


CHAI'TKR  VI 
THE   AMERICAN    FEDERATION   OF   LABOR 

Though  thi'  Knights  of  Labor  had  surh  coiisiiit  uous  smcrss,  it 
must  not  Ih'  undurstcKxl  that  it  was  the  only  such  organiz-Uion  in 
the  fu-l(i.  The  ptTiixl  was  one  which  saw  many  attcmi)ts  to 
form  hirgcr  consolidations  amom;  the  laboring  classes.  As  pre- 
viously stated  some  of  the  national  trade  unions  had  already  been 
established  and  were  well  on  their  way  to  permanency.  Besides 
these  there  were  numerous  other  associations  formed  esj)ecially 
after  the  recovery  from  the  panic  of  '73.  These  societies  were 
quite  generally  secret.  Their  objects  were  political  after  the 
example  of  their  predeces.sors.  All  were  transient,  giving  way  to 
jealousy,  imperfect  organization  and  too  great  zeal  in  p,)litical 
activity.  Among  these  are  to  be  noted  two  that  became  of 
particular  importance  because  of  later  de\elopments. 

Origin  of  American  Federation.  —  The  Knights  of  Industry 
and  the  Amalgamated  Labor  Union,  the  latter  an  otTshoot  of  the 
Knights  of  Labor,  united  in  issuing  a  call  for  a  convention  to 
meet  at  Terre  Haute,  Indiana,  in  August,  iSSi.  Its  object  is 
supposed  to  have  been  to  supplant  the  Knights  of  Labor.  It 
soon  developed  that  a  majority  of  the  delegates  were  opfiosed  to 
a  further  extension  of  the  labor  societies  and  favored  the  exten- 
sion of  trade  unions.  As  a  result  of  this  difference  the  secret 
organization  was  not  formed.  Another  call  was  issued  for  a 
second  meeting  to  be  held  in  the  fall  of  the  same  year.  This 
call  f  howed  a  realiziition  of  the  dangers  of  so  many  organizations. 
As  it  declared:  "W'v  have  numberless  trades'  unions,  trades' 
assemblies  or  councils,  Knights  of  Labor,  and  \arious  other 
local,  national,  and  international  labor  unions,  all  engaged  in 
the  noble  task  of  elevating  and  improving  the  condition  of  the 
working  classes.  But  great  as  has  been  the  work  done  by  these 
bodies,  there  is  vastly  more  that  can  be  done  by  a  combination 
of  all  these  organizations  in  a  federation  i)f  trades'  and  labor 
,.«i_.~.«o  "     THf*  rp-^.'.'lt  w.T^.  .T  r;^p. \'t'!'!t i; i!T  of  about  (v.in  hundred 


TMI    AMI  KICA^'  FFniRATloN  OF  L 


83 


rMecatc^  npros.ntini,'  m..ri-  th.n  2^0,000  u..rkinRn.cn      At  this 

•  ■     ,,,  .t,;  /  itli.n  w:is  i-fTi'Ctfd.  to  1)1'  Known  a^ 

niL-ctmK  a  pcrniaiiM,!    ,is;.ini/.ili..n  was  iiutuu,  i 

,hf  I\(K ration  of  OrKani/od  Trades  and  La'.or  \  n.ons  of  tlu 
Unitfd  States  and  Canada.  This  new  society  had  a  constitution 
and  held  annual  meetings  until  1SS6.  In  that  year  it  was  re- 
or-Mni/ed  un.ler  a  new  cnstitulion,  the  name  i^.m^  c  han«<-«l  to 
the  \nuriean  IVderation  of  Lal.or.  In  order  to  i-res.rve  the 
continuity  in  the  ,.rKani/ati..n  thi.  la>t  Fetleratu.n  in  .S^O. 
dated  it>' origin  and  numbered  its  conventions  fn.m  the  beKin- 
ninu  made  in  iSSt. 

Thf  \merican  Kederati   n  of  Labor  is  at  the  present  time  the 
strongest  or«.ni/ation  in  America  and  ranks  hi^h  among  the 
labor  organizations  of  the  world:  "the  sovereign  orKam/ation, 
writes  John  Mitchell,  "in  the  trade  union  world.       Its  history 
since  its  inception  is  one  of  steady  growth,  of  consistent  policy 
and  aggres..ive  management.    The  results  appear  in  a  powerful 
organiz-ation  with  all  ihr  force  of  a  highly  centralized  bcxly  and 
all  the  power  of  a  thoroughly  democratic  society.     Its  success 
mav  be  attributed  to  a  few  important  points  of  rH)licy  by  which 
it  lias  welded  together  the  conflicting  interests  of  many  trades 
and  held  them  with  all  the  strength  of  a  single  puqwse.    It  has 
ax-oided  the  shoals  of  politics  which  have  wrecked  so  many  strong 
associations  in  the  past.     It  has  consistently  left  to  separate 
trades  the  direct  control  over  the  ditTering  trade  interests,  thus 
avoiding  the  dangers  of  internal  strife.     The  weakness  ansmg 
from  too  manv  diverse  interests  in  conflict  has  given  way  to 
the  strength  of  united  action  where  it  is  possible  and  to  non- 
interference in  trade  interests  where  it  is  necessary.    On  thc-e 
few  simple  principles  the  American  Federation  of  Labor  has 

l)uilded  well.  ,        .  ,       >•     ■ 

Its  Form  of  Organization.  —  The  Federation  membership  is 
made  up  principally  not  of  individuals  but  of  trade  groups.  It 
consists  "of  such  Trade  and  Labor  Unions  as  shall  conform  to  its 
rules  and  regulations."  The  constitution  sets  forth  in  brief  the 
object  and  form  of  organization.  These  may  be  described  as 
follows,  quoting  freely  from  the  pages  of  that  document.  They 
are-  to  secure  the  organization  of  local  unions;  to  tederate  these 
locals  into  delegate  bodies;  to  establish  national  and  interna- 
tional trade  unions  and  to  promote  th-  interests  "f^  such  unions 
alrearlv  formed  —these  unions  ijasta  uj'On  a  ;.t::-i.  rcv.vfi:;i-.i---;= 


84     A\  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


of  the  autonomy  of  each  trade;  to  subdivide  these  unions  into 
groups,  called  Departments,  to  be  composed  of  unions  in  the 
same  industry  or  having  the  same  general  interests. 

The  Convention.  —  With  this  form  of  organization  it  is  in- 
evitable that  the  real  factors  are  the  convention  and  the  execu- 
tive officers,  and  of  these  the  former  is  the  source  of  authority. 
The  convention  is  a  delegated  bcxly  that  assembles  annually. 
The  date  of  meeting,  now  fixed  for  the  second  Monday  in  Novem- 
ber, has  been  chosen  as  best  in  that  it  comes  after  the  excitement 
of  election  time,  and  just  prior  to  the  convening  of  legislative 
bodies,  especially  Congic-s  with  the  President's  Message.  In 
this  way,  the  leaders  tnink,  they  can  best  get  thj  public  ear 
through  the  press  rejiorts  of  their  proceedings  and  can  most 
effectively  bring  their  policies  to  the  attention  of  the  legislators. 
Even  the  President  is  thus  provided  with  the  latest  word  from 
Organized  Labor  and  may  shape  his  Message  accordingly. 

Representation.  —  The  representation  of  the  various  unions 
in  the  convention  is  on  the  basis  of  memoership.  Nationals  and 
internationals  send  one  delegate  for  a  membership  of  less  than 
4.000.  Above  this  .her-  ' .  a  proportionate  increase  of  dele- 
gates: 4,ooc  or  more,  two  delegates;  8,000  or  more,  three  dele- 
gates; 16,000  or  more,  four  delegates;  32,000  or  more,  five 
delegates;  "and  so  on."  Other  bodies,  not  nationals,  have  one 
delegate  each.  The  representation  is  allowed  only  if  all  dues  are 
paid  and  all  other  obligations  to  the  Federation  properly  dis- 
charged. In  the  convention  of  19 14  there  were  369  delegates 
with  19,951  votes.    These  were  made  up  as  follows  — 

.V...  ../ 6'«.«nv  \ame  No.  of  Delegates        No.  of  Votes 

95 Nationals  or  Internationals 248 19,825 


22 State 

75 Central   .    

17 Trade  and  Federal  Labor  Unions. 

5 Fraternal  Organizations 


214 


22. 

75- 

i7. 

7- 

369 


22 

75 

28 

I 


19.951 


Immediately  on  being  called  to  order  the  President  appoints 
the  list  of  committees.  The  scope  of  the  convention's  work  will 
be  indicated  by  the  names  of  the  several  committees.    Each  has 


THE  AMERICAN  FEDKRA  TIOX  OF  [.ABOR 


of  President,  Report  of  Secretar>',  Report  of  Treasurer,  Resolu- 
tions, Laws,  Or>,'anization,  Labels,  Adjustment,  Local  or  Fed- 
erated Bodies,  Education,  State  Organization,  Boycott,  Building 

Trades. 

Among  the  rules  governing  the  proceedings  of  the  convention 
some  are  of  special  interest.     Resolutions  of  any  character  or 
proposals  for  changes  in  the  constitution  cannot  be  introduced  in 
the  convention  after  the  fourth  day,  e.xcept  by  unanimous  con- 
sent.   All  resolutions  are  referred  for  special  consideration  to  the 
appropriate  committee.    A  rule  of  procedure  that  might  well  be 
extended   to  lawmaking   bodies   is   one   requiring  all   matters 
referred  to  any  committee  to  be  reported  back  to  the  body.    The 
report  may  be  of  any  nature  that  the  committee  may  decide 
upon,  —  favorable,  unfavorable,  non-committal,  ambiguous,  — 
but  there  must  be  a  report.    This  prevents  the  killing  of  meas- 
ures in  committee  and  insures  a  fair  and  open  consideration  in 
true  democratic  style.    The  convention  protects  itself  from  its 
friends  as  well  as  from  its  enemies  by  a  rule  that  none  other  than 
members  of  a  bona  fide  trade  union  shall  be  permitted  to  address 
the  convention  or  read  papers  therein  except  by  a  two-thirds 
vote  of  the  delegates.     Party  politics,  whether  they  be  Dem- 
ocratic,   Republican,    Socialist,   Populist,    Prohibition    or   any 
other,  shall  have  no  place  in  the  convention.    To  prevent  the 
repetition  of  discussions  already  settled  a  rule  provides  that  no 
grievance  shall  be  considered  by  any  convention  that  has  been 
decided  by  a  previous  convention  except  upon  the  recommenda- 
tion of  the  Executive  Council.    Grievances  leave  sore  spots  and 
these  often  do  not  heal  within  a  year.    The  grieved  party  is  thus 
prevented  from  seeking  to  establish  his  case  after  he  has  once 
lost. 

Ofl&cers.  ~  The  officers  of  the  Federation  are  President,  eight 
Vice  Presidents,  a  Secretary  and  a  Treasurer,  each  elected  at  the 
last  day  of  the  convention.  The  term  of  office  begins  on  the  first 
day  of  Januar>'.  If  the  elected  oificers  are  not  chosen  delegates 
to' the  convention  the  President  and  Secretary  are  ex  ojjicio 
members  but  without  vote.  All  elected  officero  must  be  mem- 
bers of  a  union  connected  with  the  Federation.  The  duties  of 
these  oflEicers  are  in  general  such  as  belong  to  the  respective 
offices.  The  President  presides  at  conventions,  exercises  super- 
He  must 


vision  u\ei  liic  iCucration  anu  iravti 


H.*-  i  S-^IC.'. 


80      AX  IXTRODUCTIOX  TO  STUDY  OI"  ORGAXIZEI)  LABOR 


file  with  the  Secretary  each  month  an  itemized  statement  of  his 
expenses  and  must  make  a  full  report  at  the  annual  convention. 
The  President's  re[)ort  is  one  of  the  most  important  items  of  the 
convention  business.  It  sums  up  the  work  of  the  year  in  a  com- 
plete way,  amounting  to  a  current  history  for  the  twelve  months 
touching  all  the  activities  of  the  Federation  in  particular  and  the 
labor  movement  in  general.  It  further  aims  to  point  out  as  the 
lesson  of  experience  means  of  strengthening  the  organization 
and  discusses  in  a  practical  way  the  policies  of  the  society. 

In  case  of  vacancy  in  the  presidency  the  Secretary  takes  execu- 
tive charge.  A  meeting  of  the  Executive  Council  must  then  be 
called  within  six  days  for  the  election  of  a  President  for  the  re- 
mainder of  the  year.  The  Secretary  has  large  resi)onsibilities. 
With  him  lies  the  keeping  of  all  books,  records,  documents, 
letters  and  accounts.  He  collects  all  moneys  due  the  Federa- 
tion, turning  them  over  to  the  Treasurer,  except  a  maximum  sum 
of  $2,000  for  current  expenses.  This  he  may  use  only  on  ap- 
proval of  the  President.  All  disbursements  of  the  Federation 
must  be  sho\v-n  by  vouchers  and  a  report  that  is  carefully  au- 
dited. With  him  are  filed  all  reports  and  information  called  for 
from  the  unions  affiliated  with  the  Federation. 

The  office  of  Treasurer  is  relatively  unimportant  so  far  as 
the  financial  work  is  concerned.  He  receives  funds  from  the 
Secretary,  giving  receipts  for  them  and  all  orders  for  payment 
must  be  signed  by  the  President  and  Secretary  as  well  as  by  the 
Treasurer. 

Executive  Council.  —  The  responsible  administrative  work 
rests  with  the  E.xecutive  Council.  This  is  composed  of  the  Fed- 
eration officers,  eleven  in  number.  This  gives  added  importance 
to  the  Treasurer's  office  and  provides  work  for  the  eight  \'ice 
Presidents.  The  constitution  assigns  to  these  no  other  work 
than  that  which  is  connected  with  the  Council.  Being  made  up 
of  officers  only,  it  very  naturally  lakes  to  itself  important  pow- 
ers. It  is  responsible  virtually  for  carrying  into  elTect  the  pur- 
poses of  the  Federation.  It  watches  legislative  measures  that 
aflect  the  intere-ts  'if  working  people  and  initiates  such  legisla- 
tion as  the  convention  may  direct.  The  work  of  organizing 
laborers  into  locals  and  nationals  and  of  associating  them  with 
the  Federation  is  carried  on  under  the  general  direction  of  the 
Council. 


THK  AMERICAN  FEDERATION  OK  LABOR 


87 


The  Council  is  authorized  to  send  out  speakers  in  the  interest 
of  the  I\deration  whenever  the  revenues  warrant  such  action. 
In  a  general  supervisory  capacity  the  Council  has  power  to  make 
rules  to  govern  matters  not  in  conllict  with  the  constitution  or 
with  the  constitutions  of  affiliated  unions.  Any  rules  so  made 
must  he  embodied  in  the  annual  report  to  the  convention. 
Vacancies  in  the  Council  (except  in  the  Presidency)  are  tilled  by 
the  Council  itself  by  a  majority  vote. 

Granting  Charters.  —  In  granting  charters  to  unions  that  are 
to  be  atTiliated  with  the  Federation  the  Council  must  make 
sure  of  a  positive  and  clear  defmition  of  the  trade  jurisdiction 
claimed  bv  the  applicant.    If  they  regard  it  as  a  trespass  upon 
any  organization  already  in  the  Federation  the  charter  cannot 
be' granted  without  the  written  consent  of  that  union.    Other 
matters  of  a  jurisdictional  nature,  such  as  changing  a  name  of  a 
union  and  the  adjustment  of  membership  with  change  of  trade, 
are  also  under  the  direction  of  the  Council  subject  to  the  ap- 
proval of  the  Convention.    The  Council  may  revoke  a  charter 
once  granted  only  when  the  revocation  has  been  ordered  by  a 
two-thirds  majority  of  a  regular  convention  by  a  roll  call  vote. 
The  Federation  does  not  wait  for  unions  to  be  formed  and  apply 
for  membership.     It   is  more  aggressive  than   that.     Paid  or- 
ganizers and  advisors  in  addition  to  the  officers  are  always  at 
work.    Wherever  there  is  an  opportunit\-  of  bringing  men  into 
an  association  or  affiliating  societies  already  existing,  there  the 
representatives  of  the  Federation  are  at  work.    A  recent  case 
illustrates  this.     Until  recently  there  has  been  trouble  among 
steam  shovel  and  dredge  men.    There  were  rival  organizations 
fighting  each  other.     After  more  than  three  years  of  effort 
these  rivals  were  brought  together  on  the  basis  of  an  amalgama- 
tion by  the  officers  of  the  Federation.    They  have  all  come  to- 
gether as  the  International  Brotherhood  of  Steam  Shovel  and 
Dredge  Men,  a  national  that  has  recently  been  chartered  by 
the  American  Federation  of  Labor. 

Activity  of  OflBcers.  — The  records  of  the  Federation  show 
that  a  large  par*  of  the  activity  of  some  of  the  officials  consists  in 
forming  new  associations  and  bringing  them  into  the  Federation. 
The  annual  report  for  1914  contains  a  list  of  seventy-five  national 
and  international  organizations  formed  from  American  Federa- 
tion nf  I.:'.h!>r  local  unions  atone  in  the  last  nineteen  years.    Some 


88      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


of  these  have  not  survived  in  the  struggle  so  that  the  list  cannot 
be  understood  as  representing  a  net  gain.  In  addition  to  this 
form  of  organization,  which  may  be  regarded  as  the  final  stage 
in  the  development,  many  charters  are  granted  to  local  trade 
anfl  labor  unions,  and  to  state  and  city  central  organizations. 
The  tot?'  of  these  various  charters  for  the  eighteen  years  from 
1897  to  iqi4,  inclusive,  was:  internationals,  iiS;  departments, 
5;  stale  federations,  4,^;  city  centrals,  1,294;  local  trade  unions, 
4,689;  federal  labor  unions,  2,139;— a  total  of  8,288  charters  in 
all. 

Another  phase  of  activity  appears  in  the  following  incident  in 
connection  with  the  clothing  trades.  The  Journeymen  Tailors 
Union  of  America,  one  of  the  oldest  of  the  trade  unions,  has  been 
for  a  long  time  atTiIiated  with  the  American  Federation  of  Labor. 
The  constitution  of  the  Federation  contains  a  clause  requiring 
that  before  any  affiliated  organization  can  either  change  its 
title  or  extend  its  jurisdiction,  it  must  receive  the  approval  of 
the  Federation.  Before  granting  such  approval,  it  would  of 
course  be  the  duty  of  the  Federation's  officials  to  see  that  the 
extension  of  jurisdiction  or  change  of  name  did  not  conflict 
with  the  intensts  of  existing  unions.  The  Journeymen  Tailors 
Union  recently  changed  its  name  to  the  Tailors  Industrial  Union 
and  assumed  general  jurisdiction  over  the  garment  making  in- 
dustry. This  brought  the  newly  named  union,  with  its  member- 
ship of  12,000,  into  conflict  of  jurisdiction  with  the  United  Gar- 
ment Workers  of  America,  with  a  membership  of  60,000,  and 
the  International  Ladies'  Garment  Workers  Union,  having 
130,000  members.  This  action  on  the  part  of  the  journeymen 
tailors  was  reported  to  the  convention  of  the  Federation  in  1914 
as  "  not  only  unwarrantable  and  against  the  laws  and  practices  of 
the  American  Federation  of  Labor,  but  against  the  interests 
of  the  entire  tailoring  or  garment  working  industry."  The  action 
of  the  convention  followed  the  recommendation  of  the  Execu- 
tive Council  and  "firmly  and  strongly  rebuked  the  Journeymen 
Tailors  Union  for  its  unwarranted  action  and  unjustifiable 
assumption  of  extension  of  jurisdiction."  The  tailors  were  in- 
structed to  resume  the  former  title  and  cease  to  operate  under 
an  extended  jurisdiction  before  a  fixed  date.  The  situation  was 
complicated  in  this  particular  case  by  the  fact  that  some  locals 
of  the  United  Garment  Workers  had  seceded  and  had  claimed  to 


^ 


THE  AMERICAN-  FEDERATION  OF  LABOR 


89 


he  the  real  orKanizalion.    These  seccders  joined  with  the  journey- 
men tailors  in  forming  the  new  union  and  claimmg  the  extended 
jurisdiction.     Thev  assumed  the  label  of  the  Lnited  Garment 
Workers  and  claimed  the  right  to  authorize  its  use  by  the  new 
Tailors  Industrial  Union.     In  response  to  this  the  I-ederation, 
through  the  Union  Label  Department,  sent  out  notice  that  the 
label  no  longer  represented  the  American  trade  union  movement. 
The  outcome  of  this  pressure  brought  to  bear  by  the  American 
Federation  was  to  bring  the  unruly  members  back  into  line. 
The  tailors  have  resumed  their  former  name  and  returned  to 
their  earlier  jurisdiction.    It  seems  that  if  it  had  not  been  for 
the  strong  coercive  force  of  the  Federation  brought  to  bear 
to  prevent  it,  there  would  have  been  a  serious  hght  before  the 
matter  was  finally  adjusted.  •     ,  •     .u 

That  there  was  need  for  some  change  was  recognized  in  the 
report  that  was  made  to  the  convention.    It  was  insisted   how- 
ever  that  changes  in  the  trade  looking  toward  a  closer  alliance 
or  amalgamation  should  be  brought  about   through   mutual 
agreement  among  all  the  trades  directly  concerned  and  not  by 
the  extension  of  one  union  arbitrarily  to  include  all  the  others 
While  the  deliberate  departure  from  the  established  rules  of 
the  organization  could  not  be  overlooked  by  the  officers  of  the 
Federation,  this  drastic  action  is  probably  the  beginning  rather 
than  the  end  of  the  matter.    Trouble  has  been  brewing  in  the 
clothin<-  trades  as  a  result  of  the  confusion  of  relations  between 
unions"  It  is  no  longer  a  simple  matter  to  distinguish  between 
custom  made  and  readv  made  garments.     The  extension  of 
women's  readv-to-wear  garments  has  promoted  the  confusion 
There  are  now  in  addition  to  the  Journeyn^,  n  Tailors,  the  United 
Garment  Workers  of  America  (workers  on  men's  clothing)  and 
the  International  Ladies'  Garment  Workers  Union  (workers  on 
women's  clothing)  while  the  last  named  has  six  subdivisions 
each  operating  mere  or  less  independently  of  the  others.    These 
are  (i)  cloak,  suit  and  skirt  workers;  (2)  women's  tailor  made 
garment  workers;  (s)  dress  and  waist  makers;  (4)  misses  and 
children's  werir  makers;  (5)  wrapper  and  kimono  makers;  and 
(6)  white  goods  or  underwear  makers.    Overlapping  among  these 
is  the  United  Hebrew  Trades.     This  is  a  situation   that  will 
have  to  be  cleared  up  in  a  constructive  way  before  a  perma- 
neni  auju^Uiicui  can  oc  liiawc. 


QO 


AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


ll  will  rcadilv  appear  that  the  Executive  Council  is  the  body 
o,  real  importance,  made  up  of  eleven  men  practically  always  in 
session  having  large  jiowers  of  direction  and  control  and  respon- 
sil)le  only  to  the  convention  at  its  annual  meetings.  They  are 
generally  members  of  this  convention  and  by  virtue  of  their 
ofTue  would  carry  considerable  weight  of  intluence  in  case  the 
Council  is  called  upon  to  defend  its  course. 

Revenues.  -  The  revenues  of  the  Federation  are  provided  for 
by  constitutional  regulation.  They  are  derived  from  a  per  capita 
tax  upon  the  full  paid  up  membership  of  all  affiliated  bodies  as 
follows:  natii)nal  and  international  trade  unions,  a  per  capita 
tax  of  two-thirds  of  one  cent  per  member  per  month;  for  local 
trade  unions  and  federal  labor  unions,  ten  cents  per  member  per 
month,  five  cents  of  which  must  be  set  aside  to  be  used  only  in 
case  of  strike  or  lockout:  local  unions  the  majority  of  whose 
members  are  less  than  eighteen  years  of  age,  two  cents  per  mem- 
ber per  month:  from  central  and  state  bodies,  ten  dollars  per 
year  pavable  quarterly.  The  prompt  payment  is  assured  by 
the  rule 'that  delegates  shall  not  be  entitled  to  a  seat  in  the  annual 
convention  if  dues  are  in  an  ears.  If  dues  at  any  time  are  three 
months  or  more  in  arrears  the  union  is  automatically  suspended 
from  membership  in  the  Federation  and  can  be  reinstated  only 
by  a  vote  of  the  convention  after  the  arrears  have  been  paid  in 

full-  ,  -J        r 

Regulating  the  Parts.  —  Means  are  adopted  to  avoid  contu- 
sion in  organization  and  to  keep  the  Federation's  interests  intact. 
Central  labor  unions  may  not  admit  to  their  councils  delegates 
from  organizations  that  owe  allegiance  to  any  body  hostile  to 
any  affiliated  organization,  to  one  that  has  been  suspended  or 
expelled,  or  to  one  that  is  not  connected  with  any  affiliated  union. 
All  nationals  must  instruct  their  locals  to  join  central  labor 
bodies,  departments  and  state  federations  in  their  vicinity  where 
such  exist.  Similarlv,  trades  assemblies  may  be  formed  and  if 
they  exist  all  affiliated  bodies  must  join.  \\\  such  bodies,  central 
labor  unions,  trades  assemblies  or  departments,  may  act  only 
within  the  limits  of  the  rights  of  the  Federation  or  the  national 
unions.  The  laws  of  the  two  latter  must  not  be  violated  by  any 
regulations  of  the  former  named  bodies. 

To  m;iiniain   this  adjustment  is  clearly  in   the  interests  of 
peace  though  in  fact  a  goodly  amount  of  lighting  is  necessary 


THK  AMERICAN  FEDERATION  OF  LABOR 


91 


t.)  maintain  it.  It  is  a  kind  of  li^htinK.  however,  that  tcn.I^  to 
unify  the  Federation  in  that  it  is  directed  against  those  who  are 
ur-ing  plans  that  would  i)eyond  doubt  greatly  weaken  the 
Federation  as  an  organization.  It  closes  the  door  against  a 
large  amount  of  internal  strife. 

To  pu^i  the  policv  of  organization  further  the  Federation  has 
a  membership  of  locals  directly  with  itself  instead  of  indirectly 
with  a  national  trade  union.    When  its  organizers  are  entering  a 
new  field  it  becomes  necessary  to  organize  locals  of  a  new  trade, 
po^siblv,  or  to  bring  together  members  of  a  variety  of  trades  m  a 
single  local.    The  work  in  this  line  is  indicated  by  the  constitu- 
tional provision  as  follows:  Seven  wage  workers  of  good  char- 
acter, following  anv  trade  or  calling,  who  are  favorable  to  trade 
unions  whose  trade  or  calling  is  not  organized,  and  who  are  not 
members  of  any  body  alTiliated  with  this  Federation,  shall  have 
the  power  to  form  a  local  bodv  to  be  known  as  a  '•  Federal  Labor 
Union,"  and  thev  shall  hold  regular  meetings  for  the  purpose  of 
strengthening  and  advancing  the   trade-union  movement,  and 
shall  have  power  to  make  their  own  rules  in  conformity  with  the 
constitution  of   the  Federation  and   shall  be  granted  a  local 
certificate  bv  the  President  of  the  Federation;  provided  the  re- 
quest for  a  certificate  be  indorsed  by  the  nearest  local  or  national 
trade  union  oflTiciallv  connected  with  the  Federation,  but  not 
more  than  three  federal  labor  unions  shall  be  chartered  in  any  one 
city.    The  President  of  the  Federation  has  authority  to  appoint 
any  member  of  any  affiliated  union  to  audit  the  accounts  of  any 
federal  labor  or  local  trade  union  and  report  the  result  to  the 
President  of  the  Federation.    The  books  and  accounts  of  such 
locals  are  open  at  all  times  to  the  inspection  of  persons  so  ap- 
pointed.   The  fee  for  this  certificate  is  five  dollars  which  must 
accompany  the  application.     The   Federation   before   issuing 
certiticates  must   refer  applications  from   a   vicinity  where  a 
chartered  central  labor  union  exists  to  that  body  for  investiga- 
tion and  approval.    These  certiticates  of  affiliation  may  not  be 
granted  bv  state  federations  of  labor.    It  is  vested  solely  in  the 
E.xccutive  Council  of  the  American  Federation  of  Labor  and  the 
executive  councils  of  affiliated  national  and  international  unions. 
Departments.  —  One  other  phase  of  organization  remains  for 
emnhasis.  one  that  adds  much  to  the  strength  of  the  Federation. 
Within  the  larger  organization  are  formed  subdivisions,  caiied 


y2      AN  IMkOULCTION    lO  STLDV  Ol    Okl.AM/i'.D  l.AliOR 

departrntnls  of  the  AiiicriLan  FcdcTatioii  el  Labor,  and  are  sul)- 
ordinate  to  the  larger  ixxly.  They  may  l)e  eslabli>hed  whenever 
the  convention  or  the  Kxecutive  Council  may  deem  it  ad\isal)le. 
Each  de|)artment,  once  formed,  mana<,'es  and  finances  its  own 
alTairs.  It  is  made  up  only  of  affiliated  unions.  Its  laws  must 
conform  to  and  be  administered  in  the  same  manner  as  the  laws 
of  the  Federation,  and  through  it  are  to  be  transacteii  such  por- 
tions of  the  Federation's  business  as  pertain  es[)ecially  to  it. 
The  departments  hold  their  conventions  either  during  or  imme- 
diately before  or  after  the  convention  of  the  Federation  and  in 
the  same  city.  Its  officers  report  all  the  activities  of  the  depart- 
ment to  the  Executive  Council  in  cjuarterly  and  annual  reports, 
and  either  the  president  or  secretary  of  each  department  must 
be  present  during  some  portion  of  every  regular  meeting  of  the 
E.xecutive  Council  to  take  up  matters  of  mutual  interest.  All 
affiliated  nationals  must  become  affiliated  with  any  department 
in  which  they  may  be  eligible,  except  the  Union  Label  Trades 
Department. 

Under  these  provisions  five  departments  have  been  organized 
and  maintain  an  active  existence.  They  are  the  Building  Trades 
Department,  Metal  Trades  Department.  Mining  Department, 
Railroad  Employees  Department  and  the  Union  Label  Trades 
Department.  Each  has  its  separate  set  of  ofikers  and  executive 
council. 

Tts  Character.  —  The  Ame-icpn  Federation  of  Labor  is  in 
realitv  a  federation.  Local  trade  unions  generally  are  allied 
with  the  organization  indirectly  through  their  respective  na- 
!  'onals.  Of  these  nationals  there  are  (report  of  November,  igi4) 
no  now  affiliated.  This  number  contains  the  majority  of  the 
larger  unions.  Of  the  57  that  have  each  a  membership  of  10,000 
or  more  40  are  affiliated,  and  of  the  100  that  have  a  less  member- 
ship 70  are  enrolled  in  the  Federation.  These  1 10  unions  repre- 
sent approximately  22,000  locals  most  of  which  are  in  the  United 
States. 

In  addition  to  these  no  national  unions  and  the  five  de- 
partments, the  Federation  is  made  up  of  43  state  branches, 
each  with  a  separate  organization  and  character  determined  by 
the  conditit)ns  in  its  own  state;  of  647  city  centrals,  delegate 
bodies  with  iieadi(uailcis  ui  jiiaces  or  mcciing  in  me  pru;c;pai 
cities  of  the  country;  of  570  local  trade  and  federal  labor  unions, 


THE  AMERICAN  FEDERATION  OF  LABOR 


93 


all   connected  with  the   Federation  in  a  manner  already  de- 
scribed. 

State  Organizations.  —  Of  the  state  organizations  a  further 
word  may  be  .said  that  will  throw  some  light  upon  their  nature. 
The  experience  in  New  York  State  may  be  chosen  as  illustrative 
of  the  development  in  the  older  states.     The  VVorkingmen's 
Assembly  was  organized  in  New  York  State  in  1S65  as  the  result 
of  the  c()mt)ined  action  of  some  of  the  labor  unions  in  the  pre- 
ceding year.    Theevents  leading  up  to  it  were  in  brief  as  follows: 
.\  t)ill  liad  ijeen  introduced  in  the  state  legislature  in  1S64  known 
as  the  Hastings  Strike  Bill.     During  the  debate  some  amend- 
ments were  added  that  so  changed  the  nature  of  the  bill  that  the 
originator  withdrew  his  suppt)rt  and  it  became  known  as  the 
Folger  Anti-Trades   Union   Strike   Bill.     .\   strong  opposition 
developed  within  the  ranks  of  organized  labor  and  the  bill  was 
finally  defeated.    The  unions  took  to  themselves  the  credit  for 
defeating  the  bill.     There  followed  a  clear  realization  of  the 
necessity  for  a  more  definite  organization  in  order  to  secure  pro- 
tection "  in  relation  to  legislation  as  well  as  the  question  of  wages 
and  hours  of  labor."    "From  that  victory  in  1864,"  states  one 
of  the  leaders,  '"the  seeds  of  a  great  and  grand  organization 
were  sown:"  the  Workingmen's  Assembly  came  into  existence. 
The  defensive  was  soon  laid  aside  and  an  aggressive  and  earnest 
agitation  begun.    Soon  a  high  degree  of  complexity  characterized 
this  organization.     It   continued   its  separate  existence   until 
1S98.     In  the  meantime  other  organizations  came  into  being. 
In  1869  a  district  assembly  of  the  Knights  of  Labor  was  formed. 
In  1888  the  American  Federation  of  Labor  started  its  own  stale 
branch.     These  latter  associations  were  formed  in  the  state  as 
a  part  of  the  regular  spread  of  these  two  rival  organizations,  and 
for  a  lime  the  three  existed  side  by  side.    The  rivalry  was  keen 
and  ^o  reoperation  seemed  impossible.    In  agitating  for  legisla- 
t  ion  in  their  interests  the  rival  committees  so  confused  the  leg- 
islators that  many  measures  which  might  have  been  won  were 
lost  because  of  the  number  of  committees  each  claiming  to  rep- 
resent the  one  authoritative  body.     This  experience  continued 
for  several  years  after  the  necessity  for  unity  had  become  appar- 
ent to  some  in  the  rival  groups.    During  this  time  efforts  were 
being  made  to  secure  some  grounds  on  which  a  single  organiza- 
tion could  be  formed.    The  acute  rivalry  between  the  two  large 


04    AN  iNrkoDmioN  to  sht)V  oi-  ()R(;anizki)  labor 


national  or^jani/atinns  made  il  dilTKuIl  for  them  to  come  to- 
gether. The  feeling  on  the  jiart  of  the  VVorkinKmen's  Assembly 
that  it  was  tir>t  in  the  field  and  tlial  its  legitimate  territory  had 
been  invaded  by  outside  orj^'anizations  made  it  dilficult  for  it  to 
surrender  any  of  its  prerogatives  as  a  representative  of  the  labor 
interests  of  the  state.  The  growing  strength  of  the  Federation 
in  all  parts  of  the  country  made  it  a  i)ower  that  must  be  reckoned 
with,  anfl  so  after  years  of  deliberation  and  repeated  experiences 
in  the  wastefulness  of  rivalry  the  two  were  united  into  the 
Workingmen's  Federation  of  the  State  of  New  York  in  iS(;S. 
Under  thi>  name  the  new  association  remained  until  1910  when 
it  changed  its  name  to  the  New  York  State  Federation  of  T.abor. 
The  older  leaders  had  passed  out  of  control,  the  representatives 
of  the  F\'deration  dominated  and  in  tne  interests  of  uniformity 
of  name  the  Federation  secured  the  present  title.  For  a  few- 
years  after  this  amalgamation  further  efforts  were  marie  to 
secure  a  union  with  the  state  branch  of  the  Knights  of  Labor. 
It  seemed  for  a  time  as  if  this  union  might  be  accomplished. 
Details  could  not  be  satisfactorily  adjusted,  however,  and  the 
two  have  remained  apart.  With  the  increasing  strength  of  the 
one  and  the  waning  inlluence  of  the  other  the  adjustment  seems 
now  to  be  definitely  settled,  although  a  real  difficulty  remains  in 
the  handicap  that  comes  to  the  work  of  both  organizations  as 
the  result  of  their  rivalry. 

In  the  constitutions  of  the  early  Assembly  and  the  independ- 
entlv  formed  branch  of  the  FY'deration  there  was  but  little 
difference.  The  constitution  of  the  Workingmen's  Assembly,  as 
it  stood  in  1S84,  was  practically  the  constitution  of  the  Working- 
men's  Federation  as  it  existed  in  1Q05,  and  these  are  essentially 
the  same  as  the  fundamental  law  of  the  state  federation  as  it  is  at 
present.  The  objects  of  the  organization  remain  embodied  in  the 
same  form  of  statement  in  the  latest  copy  of  the  constitution  of 
the  New  York  State  Federation  of  Labor  as  was  phrased  in  the 
earlier  issues  of  the  constitutions  of  the  Workingmen's  Assembly 
and  the  Workingmen's  Federation.  The  objects  as  stated  will 
show  the  nature  of  this  particular  branch  of  work. 

Their  Objects.  —  To  agitate  such  questions  as  may  be  for  the 
benefit  of  the  working  classes,  in  order  that  they  may  obtain  the 

beneficial  to  us,  and  the  repeal  of  all  oppressive  laws  which  now 


Tin:  AMKKICAN   FKDI.kA  lloN  Ol    I.AHOK 


<J5 


cxi-^t.  To  u^o  ;ill  nu';ui>  c-oiiNi>tcnl  uilli  Imnor  ami  diKniU'  ->>  to 
corrt'it  the  abu-us  iindfr  wliii  li  tlio  uorkiii^  cla>.si'>  an-  laljoriiiK 
as  to  insure  to  thom  tlu'ir  just  ri^lits  and  privilif^'us.  To  use  our 
utmost  ftulravor^  to  impress  upon  the  various  divisions  of  vvork- 
ingmen  tiu-  ne(e>sity  of  a  (lose  and  ihorouj^h  organization,  and 
of  forming;  themselves  into  local  unions  wherever  prat  ticable. 
I'hus  tlie  two  objects  are  ex[)ressed  and  they  indicate  fairly  the 
field  of  ai  ti\  ity  of  these  state  federations.  They  seek  to  intluenc  e 
lef^islation  ni  their  favor  and  act  as  a^ent  for  the  larger  organiza- 
tion in  [)UshiiiK  the  work  of  closer  and  more  thorough  organiza- 
tion of  all  laborers  within  the  state.  \  plan  to  limit  the  work  to 
the  former  of  these  two  was  adopted  in  iSSq.  It  proved  im- 
practicable and  in  the  constitution  of  rSoy  the  restriction  does 
not  appear.  The  dropping  out  of  the  more  restricted  policy  was 
doubtless  the  result  of  the  consolidation  that  was  effei  ted  at  that 
time,  the  new  organization  retaining  the  i)urposes  of  the  .\mer- 
ican  Federation  of  Labor.  The  present  organization,  then,  is 
under  the  constitution  of  the  Xew  York  State  Federation  of 
Labor. 

The  constitution?  of  these  state  organizations  arc  essentially 
the  same  as  that  of  nerican  Federation  of  Lal)or,  varied  only 

to  mecL  the  ditTerin,  .ituations  and  the  modil'ied  purposes  of 
the  states.  The  state  federations  consist  of  the  annual  conven- 
tion which  is  a  delegate  body.  The  membershij),  however,  is 
generally  not  restricted  to  delegates  from  unions  alTiliated  with 
the  American  Federation  of  Labor.  ;e  locals  are  represented 
directly  instead  of  through  national  unions,  and  any  local  may 
be  represented  except  such  as  may  have  seceded  from  or  been 
exi)elled  f.om  a  national  union.  The  work  of  the  several  con- 
ventions is  along  the  same  lines.  OfBcers  chosen  at  the  conven- 
tions constitute  the  executive  council,  a  bcxly  that  carries  the 
authority  of  the  organization  subject  to  the  approval  of  the 
annual  conventions. 

City  Centrals.  —  In  describing  the  organization  of  the  city 
centrals  it  will  not  be  necessary  to  add  much.  These  bodies 
have  a  relation  to  the  interests  of  labor  in  the  city  similar  to 
the  state  federation  and  the  state  interests.  They  commonly 
meet  more  frequently,  as  once  a  week  in  the  large  cities.    They 

.-_..    J-\^._,-,-fi.    J-.- -iif-tr-..— =    -i-itV-.    fV.i--    ;-.;;::■:!    .".-.rt-.i  .-.?   .--.ffi.'-jr;    rs.".--;'!.;!  r-.' 

to  administer  their  affairs.     Their  work  consists  in  pushing 


„n  AN  INiKol.lcTION  TO  STIDV  <)I  ( )K(;  AM/I.I)  LABOR 
or^^ani/.ati.>n.c.xtcmliMKttuirn,.nsnU.t..Hnnl,Kal.notatV.liaU-<I 
v^■ith  Ihr  .rntral.  a.i.l  in  nmsi.l.nnK  -.'U'  -al.^  tra.l.  a^m- 
mcnls  and  otluT  n.altcrs  ..f  a  sin,.lar  nalurc-.  At  tlusc  nurUuKs 
malt.rs  nf  a  m-.st  intinuit.  rrlalion  to  tlu-  wdlar.  -f  „rKan.ml 
laln.r  ar.  fn-.lv  discussed.  KlT-rts  an-  nuuk-  to  kerp  tin;  .l.s- 
cussiuns  a.ntnH-.l  to  c.mstions  tluU  rolato  <l.r.ctly  U,  labor  .Uiair.. 

This  nn.vrs  .liPacull  in.lml  and  ihc  i.rosulwiK  oHicfr  not  nfrt- 
nufnlly  has  to  test  the  full  c-xtent  ..f  his  uulhonty  in  order  to 
enforce  the  ruUs  that  bar  all  political  discussion  and  all  i-.r- 
sonalitics.  These  men  speak  plai.ily  in  thrir  discussions  and 
seldom  attempt  voluntarily  to  conceal  their  impressions. 

While  these  citv  centrals  are  now  generally  afiihated  in  tnc 
American  Federat'ion  of  Labor,  such  has  not  always  been  the 
case.  In<lee,l  they  came  into  existence  before  the  bc.nnmnK  of 
the  Federal.  ,n.  Under  the  name  of  trades'  assemblies  hey 
were  formed  soon  after  iS.^o.  In  iSW,  there  were  thirty  centrals 
orKuni/ed.  These  were  m..re  or  less  active  both  in  pohtus 
and  industry  according  to  the  personnel  of  the  leaders  and  the 
temper  of  the  times.  With  the  expansion  of  the  Amenean 
Federation  of  Labor  these  were  gathered  in  one  by  one  and  new 
ones  were  formed,  so  that  at  the  present  time  by  far  the  larger 
number  Kx)k  to  the  Federation  as  their  creator 

Policy  of  the  Federation.  -  The  American  Federation  ol 
Labor  has  had  from  the  start  two  distinct  and  characteristic  ob- 
jects of  policy .  It  was  peculiarly  a  trade  organization  preserv- 
ing the  trade  societies  as  the  units;  and  it  eschewed  all  purpose 
of  "going  into  politics.-  The  fir.t  point  of  policy  was  set  forth 
in  the  preamble  to  the  constitution  adopted  in  1SS7  \Vc 
therefore  declare  ourselves  in  favor  of  the  formation  of  a  thorough 
federation,  embracing  every  trade  and  labor  oiganization  in 
Ameriai,  under  the  trades-union  system  of  organization.  Un 
the  second  point  it  declared  itself  more  at  length  in  a  manifesto 
that  Carroll  D.Wright  has  declared  to  be  '"worthy  of  preser- 
vation in  any  history  of  the  labor  movement.' 

"We  favor  this  federation  because  it  is  the  most  natural  and 
assimilative  form  of  bringing  the  trades'  and  If  ;'5  .""i^"! 
together  It  preserves  the  industrial  autonomy  and  distinctive 
character  of  each  trade  and  labor  union,  ^J^'l-^^^'^^hout^  doing 
violence  to  their  laiih  or  uuduiOus,  hlc.idi  Uicrn  a-.-,  'n  ont^ 
harmonious  whole  -  a  '  federation  of  trades'  and  labor  union>. 


■  Ill    AMI  kllAN   H.DIKMION'  (>I    I.AHDk 


<)7 


Siuli  ;i  ImhIv  l(.ok^  to  the  <)r«;nii/ali.m  ..I  the  uorkiriK  •  lasses 
as  WMrk.r.,':iM.I  not  as  'soldier.'  (in  llu'  prisi-nt  .Irpmatory 
sciisr)  or  i..)liti.  laiis.  It  makrs  ihf  (|iialiti.'s  ,.f  a  man  as  a  .orkir 
thf  ..nly  t.'st  nl  litnjss,  and  sfts  up  ik.  |)<.litual  nr  nli«i<>us 
tist  ..f  nunilKT-hii..  It  strives  f.,r  ihr  uniri(atioii  of  all  labor, 
not  liy  strainin  '  at  aii  enfonvd  union  of  divrrsi-  thought  and 
widely  separated  methods,  not  l.y  [.reserihinu  a  uniform  plan 
of  ornani/ation.  regardless  of  their  eNperi.iue  or  interests;  not 
by  antanoni/ini;  or  destroying  evistinL'  or}iani/.alions,  but  by 
preserving  all  that  is  inteKral  or  ^'oo<l  in  them  and  by  widening 
their  sa)i>e  so  that  eaih,  without  destroying  their  individual 
character,  may  act  together  in  all  that  roncerns  them.  'I  In- 
open  trades  unions,  national  an<l  int.rnational,  .an  and  ou^ht 
to  work  side  by  side  with  the  Knights  of  Labor,  and  this  would 
be  the  case  were  it  not  for  men  either  over/.ealous  or  ambitious, 
who  busy  themselves  in  attempting  the  destruction  of  existin^^ 
unions  to  ser%e  their  own  whims  and  mad  iconoclasm.  'I  his 
should  cease  and  each  should  undersUmd  its  prc.per  place  and 
work  in  that  sphere,  and  if  they  desire  to  come  under  one  head 
or  alliliate  their  affairs,  then  let  all  trades'  and  labor  societies, 
secret  or  public,  be  represented  in  the  Federation  of  Trades' 
and  Labor  Unions." 

In  this  statement  appears  clearly  the  determination  of  the 
promoters  of  the  Federation  neither  to  ask  nor  give  quarter 
in  their  rivalry  with  the  Knights  of  Labor.  Sei/.inR  upon  the 
weakness  involved  in  the  existence  of  both  mixed  labor  as- 
semblies and  national  trade  assemblies  in  the  same  orgaiUZi'tion, 
they  were  ciuick  to  take  advantage  of  it.  The  Federation  rested 
squarelv  uiion  the  trade  association,  and  this  form  was  the  one 
that  dominated.  In  1894  the  Federation  resolved  to  hold  no 
meetings  or  conferences  with  the  Knights  until  the  latter  should 
abandon  its  dual  organization  in  the  trades.  This  resolution 
it  was  in  position  to  make  etTective  by  a  refusal  to  recognize 
in  any  of  its  unionized  shops  a  card  of  a  member  of  the  Knights 
of  Labor.  As  the  trades  were  for  the  most  part  federated  in 
the  American  Federation  of  Labor  this  refusal  was  a  serious 
handicap  in  securing  employment. 

Comparison  and  Contrast.  —  With  the  formation  and  con- 
linued   existence   oi    Uiv    .Arncncari    receiuL:v^-:i    -■-    i^---.^-: 
historical  part  of  the  movement  merges  into  the  present.    Other 


Q^ 


AX  INTRODUCTION  TO  STUUV  OF  ORGANIZED  LABOR 


orj^anizalions  now  in  process  of  formation  or  development  m 
scAar  as  thev  dilTcr  from  those  of  the  past  are  matters  of  current 
activity  and  it  remains  for  the  future  to  reveal  their  value. 
A  backward  f^lance  over  the  several  organizations  that  have 
had  some  degree  of  permanency  in  the  past  reveals  some  prin- 
ciples that  are  interesting  as  well  as  important.    It  is  the  work 
of  the  historian  of  the  labor  movement  to  bring  these  out  in 
fullness.     There  are  some  lessons  that  <nen  now  are  apparent. 
Out  of  the  several  forms  of  organization  have  developed  two 
that  have  stood  forth  as  rivals.    These  are  the  Knights  of  Labor 
and  the  American  Federation  of  Labor.    They  were  established 
at  about  the  same  time.    Each  gathered  into  itself  what  was  by 
its  founders  thought  to  be  the  valuable  lessons  of  the  past. 
Yet  they  developed  on  fiuite  ojiposite  principles.     The  organi- 
zation of  Knights  was  based  upon  the  principle  that  the  interests 
of  all  laborers  were  identical,  that  "an  injury  to  one  is  the  con- 
cern of  all"  and  that  all  members  would  therefore  come  to 
the  support  of  anv  who  needed  aid.    On  this  principle  the  assem- 
blies were  formed,  not  on  the  bas..  of  trade  membership  but 
rather  of  mixed  membership.    Thus  the  Knights  of  Labor  was 
an  organization  which  undertook  to  bring  all  separate  interests 
into  subordination  to  the  interests  of  the  whole;  a  broad  pnn- 
ciple  which  in  present  society  exists  to  any  considerable  extent 
in  ideal  onlv.     In  contrast  with  this  the  Federation  has  from 
the  start  admitted  the  conflict  of  interest  even  within  the  bound- 
aries of  the  laboring  class  and  'as  shaped  its  organization  in 
such  a  way  as  to  aUow  play  for  these  conflicting  interests  with- 
out interferiiiL;   with  the  unity  at  points  where  the  interests 
were  common.      Its  basis  of  organization  has  been  regularly 
that  of  trade  units  joined  into  a  federation.     Considerable 
autonomy  remains  to  these  units  and  this  is  freely  e.xercised, 
yet  there  is  in  the  fact  of  federation  opportunity  for  common 
action   on  common  interests  that  is  immen>ely  increased  in 
its  efficiency  from  the  absence  of  friction  within  the  organi- 
zation.   This  organization  on  the  basis  of  a  single  vocation  rests 
on  the  principle  that  "  men  who  think  alike  should  act  together," 
a  principle  that  is   not  so  highly   tinctured  with  idealism  as 
that  adopted  by  the  Knights  but  on.-  that  has  stood  the_  test 
of  time  in  various  forms  of  association,  one  that  has  the  virtue 
of  being  sternly  i>raclical.    It  -comes  closer  to  imuiau  nature" 


THE  AMERICAN  FEDER.\TIOX  OF  LABOR 


99 


in  its  presen-ation  of  individual  interests.  From  the  standpoint 
of  idealism  the  Knights  represent  the  higher  development, 
while  the  Federation  reveals  the  greater  practical  insight.  From 
ant)ther  point  of  view  the  difference  appears  in  the  degree  of 
centralization  attained  in  the  two  si)cieties.  With  the  Knights 
a  higher  degree  of  centralization  was  not  only  possible  but 
natural,  while  with  the  Federation  it  was  simply  impossible. 
In  one  other  particular  the  policy  of  the  two  has  been  unlike. 
The  Knights,  largely  influenced  by  the  example  of  former 
societies,  aimed  to  exercise  direct  political  control.  The  Federa- 
tion, on  the  other  hand,  was  warned  by  the  same  experiences 
and  from  the  sUirt  has  been  able  to  muster  sufficient  strength 
to  prevent  jx)litical  action  from  becoming  a  part  of  its  policy. 
This  has  often  led  to  some  very  bitter  fights,  especially  on  the 
part  of  the  socialist  members  of  the  Federation.  The  non- 
political  program  has  been  steadily  adhered  to  and  still  remains 
as  one  of  the  points  on  which  the  present  leaders  are  most  de- 
termined. These  opposite  policies  and  principles  adopted  by 
these  two  great  rival  societies  have  had  opportunity  to  show 
their  relative  strength.  For  a  time  the  Knights  had  a  remark- 
able growth.  The  test  of  time  has  revealed  the  weaknesses  of 
its  foundation  and  the  superior  adaptability  of  that  of  its  great 
rival.  The  American  Federation  of  Labor,  though  admittedly 
not  without  its  weak  points,  stands  to-day  as  the  most  powerful 
organization  that  American  workingmen  have  been  able  to 
create;  a  product  of  experiment,  failure  and  determined  effort 
of  the' past.  It  compares  favorably  with  the  organizations  in 
other  countries.  It  sums  up  for  labor  organizations  the  lessons 
of  history. 


CHAPTER  VII 

THE   AMERICAN   TRADE   UNION 

With  the  outline  of  the  two  great  national  associations  set 
forth  in  their  main  features,  it  remains  to  describe  that  form  of 
trade  orRanizatii)n  that  is  called  the  trade  union.  This  is  not  an 
e-.^v  task  It  is  doubtful  if  any  description  of  these  units  of  the 
mo'vement  can  be  made  that  will  be  satisfactory.  More  than 
one  hundred  and  fifty  in  number,  each  has  its  own  definite 
structure  or  form  of  organization,  its  own  r  ,nstitution  and  set 
of  laws.  Each  is  an  evolution  and  stand:  >day  as  a  product 
of  many  forces  that  have  worked  themselves  out  along  varying 
lines.  Historical  development,  peculiarities  of  particular  trades, 
personalities  of  leaders,  geographical  area  included  within  the 
scope  of  the  society's  activities:  these  are  some  of  the  forces 
that  have  had  an  important  influence  in  shaping  the  particular 
form  of  a  society.  It  is  admittedly  difficult,  perhaps  dangerous 
to  the  interests 'of  clearness,  to  formulate  a  blanket  description 
that  will  cover  the  form  of  organization  of  this  group  of  societies 
that  goes  under  the  name  of  American  trade  unions. 

Upon  analvsis,  however,  it  becomes  evident  that  an  examina- 
tion of  a  large  number  of  unions  reveals  a  unity  of  principle 
running  through  practically  all  of  them.  It  is  this  common 
element  that  the  present  chapter  seeks  to  describe. 

Its  Parts  and  Their  Relations.  —  The  American  trade  union 
is  made  up  of  three  distinct  parts  with  definite  relations  between 
them.  There  is,  first,  the  central  body,  called  by  various  names 
as  The  Union,  The  International,  The  General  Union,  The 
Grand  Lodge,  The  Grand  Division.  Then  there  is  the  local 
body,  generally  called  The  Local.  Between  these  two  there  is 
interposed  in  the  larger  unions  a  third  body  made  up  of  locals 
within  restricted  areas  and  smaller  than  the  central  body. 
These  are  generally  called  Divisions,  though  various  names 
are  used  as  District  Lodge,  Joint  Council,  System  Divi:,ion. 
It  may  l:ie  that  the  particular  neeu^  oi  liie  union  arc  sucn  ii;i 

lOO 


THE  AMERICAN'  TRADE  UNTOM 


lOI 


to  call  for  a  fourth  division.  Tliis  is  true  of  The  United  Mine 
Workers  which  has  The  International,  The  District,  The  Sub- 
District,  and  The  Local.  In  this  description  the  word  union 
will  mean  the  central  body.  . 

Generally  speaking  the  locals  are  the  source  of  authority 
in  that  they  have  the  voting  strength  and  constitute  the  units 
upon  which  the  union  rests.  This  authority  is  practically 
all  delegated  and  rests  in  the  central  bcxly  or  the  union  as  a 
whole.  This  gives  the  largest  importance  to  the  central  organi- 
zation and  causes  it  to  stand  as  the  union  in  all  external  relations, 
in  the  more  detailed  description,  therefore,  it  will  be  best  to 
begin  with  the  first  body,  the  union  itself. 

The  Union:  The  Convention.— In  the  fundamental  laws 
of  organization  of  practically  all  of  these  societies  the  constitu- 
tion asserts  that  the  union   is   the  "ultimate  tribunal,"   the 
"supreme   head,"   the  "sovereign   body,"   having   jurisdiction 
over  every  interest  that  touches  the  welfare  of  the  trade  and 
every  relation  between  it  and  the  outside  world  of  industry. 
The 'embodiment  of  this  authority  is  the  convention,  a  delegate 
body  representing  the  locals.    The  basis  of  this  representation 
is  by  no  means  uniform.    It  varies  with  the  particular  needs 
of  the  trade  that  it  represents.    The  delegates  are  chosen  by 
the  locals  in  a  ratio  determined  in  the  constitutions  of  their 
respective  unions.    There  is  no  uniformity  in  this  ratio.    Each 
local  is  entitled  to  at  least  one  delegate.    Sometimes  it  is  fi.xed 
at  one  delegate  for  each  one  hundred  members  or  major  fraction 
thereof.    The  total  number  for  any  one  local  may  be  limited, 
as  in  one  case  for  e.xample,  it  cannot  be  more  than  live,  and 
in  another  the  limit  is  ten.    By  another  method  in  general  use 
the  representation  is  adjusted  so  as  to  give  the  larger  locals 
proportionately  less  voting  strength,  as  the  following  plan  will 
illustrate.     For  too  members,  one  delegate;  between  loo  and 
500  members,  two  delegates;  between  500  and  1,000  members, 
three  delegates;  for   1,000  or  more,  four  delegates.     In  some 
cases  each  delegate  has  one  vote  while  in  others  the  voting  is 
done  by  unions.     Proxies  are  sometimes  allowed.     Occasion- 
ally the  adjustment  between  the  number  of  delegates  and  the 
voting   strength  is  made  in  a  more  complicated   way.     The 
number  of  delegates  is  fixed  by  units  of  300  members.     The 
!...-•.!    h.-.'.vpvpr.  is  entitled  to  one  vote  for  the  first  100  mem- 


I02    AN  IXTRODUCTIOX  TO  STUDY  OF  ORGANIZED  LABOR 


bers  and  one  additional  vote  for  cver>'  additional  loo  of  member- 
ship. In  this  case  the  number  of  delegat'-s  diK-s  not  equal  the 
voting  strength  so  as  to  have  one  delegate  for  each  possible  vote. 
Some  delegates  thus  have  in  efTect  two  or  more  votes  each  and 
each  may  vote  following  his  own  discretion.  In  case  an  odd 
number  of  votes  falls  to  any  local  with  an  even  number  of 
delegates  the  delegate  first  elected  is  entitled  to  the  extra  vote. 
If  the  local  is  not  represented  by  its  full  quota  of  voting  dele- 
gates, those  who  are  present  may  cast  among  them  all  the  votes 
that  the  local  is  entitled  to. 

In  order  to  encourage  a  large  attendance  of  delegates  at  the 
conventions  some  unions  pay  the  expenses  out  ox  a  gv-neral 
fund.     In  other  cases  each  local  pays  the  expenses  of  its  own 
delegation.    In  still  other  instances  there  is  an  adjustment  by 
which  the  local  pays  entertainment  expenses  and  the  union 
the  travelling  expenses.     Obviously  the  choice  between  these 
several  plans  will  rest  upor  ^'  -  financial  condition  of  the  or- 
ganization and  the  imports  ittached  to  the  work  of  the 
convention.    Where  there  ai^  lunrs  for  the  pur])ose  and  where 
it  is  for  the  interests  of  the  trade  to  have  a  large  convention 
with  all  locals  represented,  the  general  funds  will  be  drawn  on 
for  the  expenses.    If  funds  do  not  permit,  but  a  large  representa- 
tive vote  is  desiri'ble,  then  there  will  be  the  resort  to  proxy 
voting  or  the  plan  of  more  than  one  vote  to  a  delegate.    Some 
trades  obviously  do  not  attach  so  much  importance  to  a  large  del- 
egate meeting  and  then  it  is  left  quite  entirely  to  the  locals  to 
decide  each  for  itself  whether  it  will  send  representation  or  not. 
In  this  latter  case  the  larger  locals  will  probably  pay  the  entire 
expenses  of  the  delegation.     In  smaller  ones  it  is  not  unlikely 
that  there  will  be  some  one  among  the  younger  men  who  is 
an  enthusiastic  unionist  and  is  anxious  to  see  the  larger  body 
at  work  and  to  try  himself  out  among  the  leaders.    In  such  a 
case  some  plan  will  be  devised  by  which  the  local  can  have  one 
delegate  at  least  by  sharing  some  part  of  the  expenses.     If 
the  necessity  for  a  representative  body  is  great  and  the  funds 
for  securing  such  a  body  are  small,  there  is  the  plan,  resorted 
to  in  some  cases,  of  levying  a  fine  upon  any  local  that  is  not 
represented  by  at  least' one  delegate.     This  fine,  however,  is 
made  revocable  at  the  discretion  of  the  union  officials.    In  the 
Typographical  Union,  for  example,  the  expenses  of  delegates 


THE  AMKRFCAN  TRADH  UMOM 


103 


4 

i 
I 


are  not  paid  from  the  general  fund.  The  result  is  that  he 
smiller  loads  are  not  represented.  To  meet  this  difTiculty  the 
plan  has  been  adopted  of  having  the  meetings  of  the  convention 
at  difTerent  places  in  order  that  the  locals  within  easy  distance 
in  one  N.ar  mav  be  represented,  a  privilege  t.iat  at  the  next 
convention  will  come  to  the  locals  in  another  section.  Thus 
the  smaller  loails  have  an  opportunity  for  occasional  representa- 
tion Professor  Barnett  has  figured  out  that  for  the  convention 
of  this  union  at  Washington  in  1903,  i«o  loads  out  of  695  had 
delegates  at  the  meeting.  This  was  twenty-six  per  cent.  These 
locals  represented  3,3,486  members,  which  was  72.5  per  cent 
of  the  total  membership. 

Meetings  of  Convention.  -  As  to  the  frequency  of  conven- 
tion meetings  there  is  wide  variation.    There  are  unions  that  pro- 
vide for  annual  conventions.    Others  meet  every  second  year. 
Some  have  triennial  sessions.    Beyond  this  the  probability  is  that 
the  time  of  meeting  is  not  fixed  in  the  constitution  but  is  left 
to  the  discretion  of  designated  officials  or  to  referendum  vote. 
In  one  case  a  referendum  vote  is  submitted  on  the  question: 
"Shall  a  co-vention  be  called  this  year?"    This  referendum  is 
taken  each  year  except  the  one  immediately  following  a  con- 
vention year.    At  the  time  of  such  a  referendum,  it  is  necessap 
to  secure  a  full  discussion.     In  one  trade  paper,  for  example, 
is  found  this  editorial  notice:  "Shall  we  hold  a  convention  in 
iyi3>    Thai  question  should  receive  the  careful  consideration 
of  every  member,  and  should  be  discussed  in  every  meeting 
between  now  and  January,  when  the  vote  will  be  taken."    Oc- 
aisionally  long  periods  will  pass  with  no  session  of  the  convention. 
The  Granite  Cutters  held  a  session  in  i83o  and  did  not  convene 
aga^n  until  1912.     At  the  present  writing  no  time  is  set  for 
another  convention  of  this  union.    Such  a  time  may  be  arranged 
for  by  an  initiative  proposition  and  a  referendum  vote.    During 
the  thirtv-two  years  that  interv-ened  between  the  two  conven- 
tions the' general  laws  of  the  association  were  revised  five  times 
by  a  small  revision  committee  elected  by  a  general  vote^    The 
Cigar  Makers  convention  of  19 12  ^vas  the  first  to  be  held  m 
sixteen  years.    This  union  pays  the  expenses  of  delegates  from 
the  general  fund,  and  has  found  the  referendum  more  economi- 
cal and  on  the  whole  more  satisfactor>-.    In  191 2  the  Interna- 
..:__„i  \f„iHp,c..  h.'Ad  ?.  convention  after  a  five-year  period.    There 


I04    A.\  INTRODUCTION  TO  STIDV  OI  ORGANIZED  LABOR 

wert'  at  this  meeting  4^1  cUlcRates,  only  60  of  whom  had  been 
present  at  a  former  convention. 

There  are  vrry  obvious  advantages  to  be  credited  to  the 
plan  of  holding  frefjuent  conventions.     The  enthusiasm  that 
comes  from  numbers  iuid  from  discussion  of  problems  is  inspir- 
ing, and  the  delegates  return  with  a  measure  of  this  for  their 
loads.    Capable  leaders  from  the  various  sections  come  together 
and  in  the  cu-cussions  and  planning  it  will  often  be  that  new 
talent  will  develop  that  may  rise  into  higher  positions,    .\gainst 
these  advantages,  however,  other  considerations  may  be  placed. 
With  a  large  union  it  is  a  stern  fact  that  expenses  are  heavy. 
The  enthusiasm  is  more  difficult  to  preserve  in  its  intensity 
while  it  is  being  scattered  widely  among  numerous  locals.^    The 
town  in  which  the  con\entit)n  is  held  is  anxious  to  be  hospitable, 
and  consequently  an  elal)orate  round  of  entertainment  is  pre- 
pared.    This  interferes  with  the  calm  discussion  and  careful 
attention  that  many  of  the  difficult  affairs  of  the  union  need. 
Writing  of  the  printers  Professor  Barnett  states  that:  "Asa 
substitute  for  a  small  and  representative  council,  the  convention 
is  an  archaic  and  inefficient  institution.     In  session  for  only  a 
week,   feted  on   ever>'   jiossible   occasion   by   the  entertaining 
union,  with  a  membership  so  large  as  to  make  deliberation 
impracticabl?,  the  super\-ision  which  the  convention  can  give 
the  work  of  the  officers  is  necessarily  slight."    One  recent  cor- 
rective suggested  is  the  designation  of  a  permanent  convention 
city  for  this  union.     There  are  obvious  tendencies  in  the  direc- 
tion of  doing  away  with  the  convention  (   lite  entirely,  as  one 
after  another  of  its  duties  are  now  discharged  in  other  ways. 
Whether  or  not  it  is  to  pass  entirely  it  is  difficult  to  forecast. 
There  are  some  very  decided  advantages  accruing  from  it  and 
these  may  be  powerful  enough  to  stem  the  present  tide  away 
from   the  plan.     Enthusiasm   is  very  necessary  to  unionism. 
Methods  of  keeping  it  alive  are  consequently  of  great  impor- 
tance.    The  convention  is  certainly  a  great  factor  in  keeping 
members  enthused.     Delegates  carry  these  stirring  influences 
away  with  them.     The  trade  journals  print  descriptions  and 
pictures  ihat  arouse  interest.     Election  as  a  delegate  may  be 
the  incentive  for  much  active  work  during  the  year.    It  is  true 
that  the  convention's  work  mav  be  done  in  other  ways  in  part 
or  for  a  immeu  Luue.     il  is  itot  •^wixv  mai.  .1  v^i.i  ;--l  l.vj:.-v,  „..^;, 


Tin:  AMF.RIC.W  TkADF,  UXIOM 


105 


i 


with  entirely  without  some  definite  loss  to  the  cause.  For 
the  year  lois  there  were  announced  forty-four  conventions  of 
international   unions. 

The  Business  of  the  Convention.  The  business  of  the  con- 
vention is  restricted  to  lines  seneraliy  laid  down  in  the  consti- 
tution. .\  description  of  its  powers  is  made  difTicult  by  the 
fact  that  in  so  many  cases  it  shares  its  authority  in  a  ver>-  real 
way  with  the  referendimi.  When  this  latter  method  has  not 
been  arran^^xl  for  as  a  substitute,  the  convention  elects  the 
otTicers  of  the  union,  amends  the  constitution,  hears  the  rei)orts 
i{  the  officers  and  takes  action  on  a  variety  of  matters  that 
are  broujjht  before  it.  A  typical  "order  of  business"  is  a.s  fol- 
lows: Report  of  conmiiltee  on  credentials;  R(j11  call  of  otlkers 
and  members;  Reading;  of  minutes;  Re[)orts  of  otlicers,  com- 
mencing with  the  president;  Receiving  communications  and 
bills;  Reports  and  petitions  of  subordinate  unions;  Resolu- 
tions; Report  of  special  committees;  Nomination  for  and 
election  of  officers;  Installation  of  officers;  Untinished  business; 
General  benefit  of  the  organization;  Adjournment.  The  list 
of  committees  may  be  taken  as  further  indicating  the  .scope  of 
the  con\ention's  work.  A  t>i:)ical  list  is  as  follows:  on  Consti- 
tution; on  General  and  Local  Division  Statutes;  on  Ritual; 
on  Grievance,  Appeals  and  Petitions;  on  Subordinate  Divi- 
sions; on  System  Division  Statutes;  on  Mutual  Benefit  Depart- 
ment; on  State  and  National  Legislation;  on  Labor  and  Labor 
Statistics;  on  Finance  and  Salaries.  Each  of  these  has  seven 
members.  The  following  have  three  each:  on  Resolutions  and 
Greetings;  on  Grand  Officers'  Reports;  on  the  Official  Organ; 
on  Printing;  on  the  Press;  on  Transportation;  on  Local  Grand 
Division   Session;   on    Rules. 

Executive  Officers.  —  At  all  times,  whether  in  convention  or 
during  the  interim,  the  executive  officers  stand  for  the  union 
in  a  very  real  and  practical  sense.  Of  these  the  president  is 
the  center  of  influence  and  power.  He  is  distinctively  the 
leader.  These  officers  are  elected  for  a  term  and  in  a  manner 
that  are  not  uniform  among  the  unions.  There  are  two  charac- 
teristic ways  of  choosing  the  chief  executive:  by  vote  of  the 
convention  and  by  referendum  method.  Generally  in  the  unions 
that  hold  conventions  either  annually  or  biennially  the  president 
is  chosen  bv  vote  of  the  conventicjn  for  a  term  that  corresponds 


lof.    AN  INTRODUCTION  TO  STl'DV  OF  ORCANTZi:!)  LABOR 


to  the  frc(iuincy  (»f  the  sessions.  F.ithcr  one  or  two  years  will 
he  the  len.mli  of  term.  In  unions  that  do  not  hold  conventions 
either  annually  or  biennially,  the  election  will  he  <^enerally  for 
a  short  term.  This  must  not  he  reRarded  as  the  deciding  factor 
in  determining  the  method  of  election,  as  in  some  cases  a  union 
with  triennial  sessions  will  select  a  president  hy  referendum 
every  tvvo  years  regardless  of  the  convention  year.  The  tend- 
ency is  decidedly  in  favor  of  short  terms  for  these  officers.  One 
or  two  vears  is  the  length  that  prevails  very  generally.  In 
case  of  'election  hy  the  convention  there  is  nothing  peculiar 
ahoul  the  method  'of  \-oting  other  than  what  has  already  heen 
noted;  the  system  of  representation  and  the  relative  strength 
of  voting  as  among  the  locals  represented. 

The  organization  of  the  executive  stafT  is  the  direct  result 
of  necessi'tv.     In  the  earlier  days  of  the  unions  the  executive 
officers   were  numerous,   following   the   manner  of   the   locals. 
The  occupants  were  not  paid  for  their  s.r\ices  and  were  chosen 
from  widely  scattered  sections  of  the  country.     With  the  in- 
crease in  work  for  these  officers  to  do  it  l)ecame  evident  that 
some  change  must  be  made.     Either  all  the  authority  must 
be  concentrated  in  a  single  officer  or  a  limited  number  must 
be  chosen,  brought  together  for  cooperation  and  paid  a  salary. 
Wherever  this  option  has  presented  itself  the  latter  course  has 
quite  generally  been  chosen.    This  gave  the  president  the  usual 
corps  of  fellow  officers,  the  vice  president,  the  secretary  and 
the  treasurer.     From  the  first  short  terms  have  heen  popular. 
Even  in  the  most  firmly  established  unions  the  terms  of  office 
have  not  heen  lengthened.     Reelection  has  made  possible  the 
equivalent   of   lengthened    terms   where    that   has   proved   to 
he  desirable,  keeping  at  the  same  time  a  high  degree  of  demo- 
cratic control.     It  was  clearly  the  early  tendency  to  change  of- 
!kers:to  pass  the  office  around.   When  the  duties  were  simple  and 
more  or  less  routine  this  was  easily  possible.    It  had  the  added 
advanUige  of  preserving  the  "labor"  point  of  view  in  the  office, 
as  the  occupant  was  not  out  of  the  shop  for  a  long  enough  time 
to  forget  the  "atmosphere"  of  the  movement  whose  servant 
he  was.     With  the  growing  importance  of  continuity  of  policy 
and  the  increasing  difficulty  of  the  problems  that  had  to  be 
faced,  adminstrative  and  executive  experience  became  a  distinct 
asset  to  the  union  and  this  has  led  to  reelections  for  many  sue- 


THK  AMKklCAN  TRADK  LNKJN 


107 


cessivc  terms  in  some  of  tin-  stronj^est  unions.  In  the  early 
histor)-  of  the  Tvi^o^raphiail  Uni.,n  for  a  irtLkI  of  lorty  years, 
from  1.S50  to  iSgo,  there  were  thirty  (hfferent  presidents.  Only 
two  of  these  held  oflke  for  as  long  as  three  years,  and  live  were 
in  oflice  for  two  yea-s  each.  In  iSSS  the  term  of  otTue  was 
made  two  years.  Since  iSgo  aside  from  the  present  mcumhent 
who  is  in  his  first  term,  there  have  been  three  presidents  in  the 
twenty-four  years.  The  first  had  three  terms  or  six  years, 
the  second  but  one  term  and  the  third  had  seven  terms  or  lour- 

teen  vears.  . 

Before  the  election  of  John  Mitchell  to  the  presidency  of 
the  United  Mine  Workers  of  America  only  one  occupant  had 
exceeded  a  two-year  term.  Mr.  Mitchell  was  president  for 
t.-n  years.  In  further  illustrating  the  extent  to  which  continued 
ser\'ice  has  been  secured  with  short  terms  of  otLce  it  ma>-  be 
noted  that  a  president  of  the  Can^enters  Union  continued  in 
olTicc  for  twentv  vears,  and  that  Mr.  Arthur  was  at  the  head 
of  the  Brotherhood  of  Locomotive  Engineers  for  twenty-nine 
vears,  or  until  his  death. 

'    The  officers  receive  salaries  paid  out  of  the  general  funds  of 
the  union.     The  amount  varies,  depending  upon  the  financial 
resources  of  the  union,  and  the  demands  made  upon  the  time 
and   energies  of   the  men.     The   president   generally   receives 
the   highest   salary   though   the   secretary   sometimes   receives 
vn  amount  as  large.     There  is  considerable  variation  in  these 
amount:,.     One  of  the  highest,  perhaps,  is  87,000.     From  this 
it  ranges  down  to  $1,000  or  perhai)S  lower.     For  the  stronger 
and  larger  unions  it  is  probable  that  $2,500  i)r  S^.ooo  is  the 
amount  generally  paid.     Mr.   Mitchell,  writing  in    1903,  ^nd 
speaking  of  unions  as  a  whole  with  no  distinction  as  to  size  or 
strength,  says:  "I  believe  no  national  officer  receives  a  higher 
salary-  than  $3,000.     The  probable  range  of  salaries  for  trade 
union  presidents  lies,  at  the  present  time  (1903),  between  Si, 000 
and  $1,800."     The  amount  of  the  salaries  is  quite  generally 
fixc-'  in  the  constitution.    There  are  cases,  howe%er,  in  which 
the  determination  is  left  to  each  biennial  con\ention  of  the 
union.     The  vice  presidents  do  not  all  receive  salaries.     In 
some  instances  they  receive  a  per  diem  compensation  for  the 
time  that  they   use  in   connection   with  the  duties  of   their 
office. 


loS     A.N   IMRODriTION"    TO  STUDY  OF  ORd  ANl/.l! »  I.AIiOK 

President's  Representatives.       Willi  the  increasing  (oni- 
pkxity  i)f  tlif  (liitiis  of  a(lniini-~trati(>n  it  has  heconu'  more  and 
morf  (litruult  for  tlir  presidi-nt  to  discharRo  his  dutios  success- 
fully and  tlVu  iintly.    Vice  presidents  were  chosen  to  assist  him. 
These  ofiicers  did  not  ([uite  nuel  the  needs  in  all  cases.     It  was 
necessary  for  the  president  to  know  that  the  locals  were  living 
up  to  their  ohliKations.     Written   reports   from   Idcal   ofiicers 
were  not   sufi'ifient.      In  some  cases  the  j-rcsident    is  assi-ted 
in  this  work  l^y  the  vice  president.     The  Holler  Makers  have 
nine  vice  i)resi(ients,  all  on  the  road  advi>inK  locals  and  assistmj,' 
in  organizinj^  new  ones.     These  needs  have  luen  met  in  other 
instances   by    the   selection    of   special    reiiresentatives   of    the 
president  whose  sole  duty  it  is  to  travel  about  from  local  to 
local  and  to  report  conditions  to  the  chiif  olTicir.    These  func- 
tions have  been  differentiated   in   the   more  advanced   unions 
until  there  are  the  linancier.  the  strike  agent,  the  label  agitator 
and   the   organizer,   all   representing   the   president   and   doing 
what  it  would  l)e  imix.ssible  for  a  single  individual  to  do.    These 
agents  are  more  or  less  numerous  as  the  particular  demands 
of  the  several  unions  reciuire.     They  all  bear  a  very  intimate 
relation  to  the  chief  executive,  being  in  a  very  real  sense  his 
personal  representative.     An  instance  of  the  increasing  need 
of  this  development  and  of  its  presence  in  most  of  the  unions 
may  be  shown  from  a  statement  made  b\-  the  president  of  the 
Molders  Union,  an  organization  that  is  evidently  just  at  the 
point  of  realizing  the  need  for  this  step  in  evolution.    The  consti- 
tution proNides  that  the  president  and  the  four  vice  presidents 
shall  act  as  organizers.     This  work,  the  president   contends, 
they  are  not  able  to  do.     "The  statT  of  vice  presidents,"  he 
say's,  "has  necessarily  become  a  body  of  specially  trained  men 
whose  time  is  fully  occupied  in  taking  up  and  adjusting  those 
questions  which  our  members  have  been  unable  to  successfully 
dispose  of  locally.    Experts  and  specialists  are  as  much  a  neces- 
sity in  an  international  union  as  in  any  other  large  enterprise, 
and  our  statT  of  vice  ])residents,  to  be  successful,  must  be  com- 
posed of  men  who,  through  their  long  training  in  the  affairs 
of  our  organization,  have  become  specialists  and  who,  through 
their  knowledge  and  experience,  are  able  to  give  service  which 
could  not  otherwise  be  rendcicu.'' 

Executive  Board.  —  One  other  important  feature  of  the  or- 


THK  AMI-RIC.W  TRADK  I'MON 


109 


fcanizatioii  of  tin-  union  remain^  to  l.e  notiml.     It  i^  usually 
,alK<l  thf  fXftutivc  hoard  or  the  cxfcutivc  council.      Ihcre  is, 
in  this  branch  of  the  orj,'ani/.ation  as  in  others,  ^onie  variation 
in  the  structure  of  the  council.    There  is  variation  m  the  number 
.,1  the  membership.     In  some  instances  the  number  is  as  small 
as  three.     In  ..tlier  cases  it  is  as  many  as  eipht  or  even  more. 
Generally  the  president  i>  a  member  of  this  board.     His  as- 
sociate otlkers  also   have  places,   as   the  vice  presidents,   the 
secretary   and   the   treasurer.     When   the   vice  presidents  are 
numerous,  as  thev  are  in  some  of  the  unions,  only  a  i)art  of 
their    number    will    be    included.     OfVicers    whose    terms   have 
expired  are  sometimes,  by  virtue  of  their  former  service,  elected 
to  this  body.     Sometimes  they  are  assigned  to  the  place  by  a 
constitutional  provisior.  that  works  automatically.     Generally 
the  number  will  be  tilled  t)ut   with  others  chosen  directly  for 
the   position,   either   by   convention   or   by   referendum    vote. 
There   is   more  variety  in   the  si/e  and   membership  of  these 
boards  than  in  the  work  they  have  to  do.     With  reference  to 
this  latter  point  they  may  be  divided  into  two  classes:  one  havm^ 
numerous  duties  of  an  executive  nature,  and  the  other  acting 
only  as  an  advisory  board  with  api)ellal.e  duties  in   cases  of 
on'tlict  or  lack  of  adjustment  between  the  other  branches  of 
t!ie  union's  organization.    It  has  been  the  case  in  some  instances 
that  this  board  has  been  permitted  to  transact  its  business  by 
correspondence,   thouj,'h   this   is   not   customary.      Its   evident 
disadvantages  have   prevented  its  general   adoption.      If   the 
board  be  large  in  number  it  will  generally  be  more  purely  an 
advisory  body.     In  cases  where  its  membershi[)  is  limited,  as 
to  three,  it  holds  a  large  power,  as  it  can  act  quickly  and  has 
only  the  limited  number  to  consult  in  determining  a  policy. 
The  work  of  this  board  is  naturally  divided  into  two  kinds, 
the  administrative  and  the  judicial.    These  two  functions  have 
not  yet  become  very  clearly  differentiated  in  the  organization. 
The  council  will  perform  both  functions  indiscriminately.     In 
a  few  cases  a  judiciary  board  has  been  established  to  have 
sole  control  ot  all  business  of  a  judicial  nature  when  the  union 
is  not  in  session.     This  judicial  business  consists  in  appeals 
by  members  against  other  members,  decisions  on  laws  of  the 
union  or  disputes  between  locals  or  mem.bers  of  dilTerent  locals. 
In  short,  such  a  board  will  pass  upon  ail  quesuons  reiauug  10 


no 


\N   INTkODL'CTION    TO  STIDV  Ol-  ORGAMZKI)  LABOR 


1   I 


the  laws  of  till-'  union  or  of  any  of  the  siihorciinatc  locals  or  divi- 
sions.   I'lrhaps  a  typical  li>l  of  functions  .1  an  executive  hoard 
is  that  of  the  Ci^ar  Makers  Union.    This  hoard  may  substitute 
its  judKiiuiil  for  that  of  the  president  in  certain  cases.    It  grants 
ehart«r>  to  new  locals,  levies  assessments  to  replenish  funds; 
acts  us  a  board  of  ai)|)roval  of  many  executive  acts,  as  in  cases 
of  appointment  or  removal,  and  in  the  employment  of  clerks 
as  assistants.     It  can  try  the  president  if  he  be  impeached  by 
loeals  (a  motion  of  one  local  seconded  by  one-tifth  of  all  the 
locals  im|)eaches).    It  can  hear,  as  a  court  of  appeal,  ail  judicial 
dtrisions  of  the  president.     This  might  make  it  appeal   that 
the  president  of  this  union  is  limited  in  a  very  real  way  in  the 
exercise  of  his  functions.     Such  is  not,  as  a  matter  of  fact,  the 
case.     The  separation  of  executive  and  judicial  activities  has 
not  progressed  to  such  a  point  yet  that  they  are  clearly  delma- 
ble.    The  consecjuence  is  that  the  president  acts  in  such  a  way 
that   his  executive  and  judicial  duties  are  often,  in  practice, 
hopelesslv  intermingled.    "  .\  study  of  the  system  of  administra- 
tion." writes  one  of  the  students  of  this  particular  union,  "is 
primarily  a  study  of  the  International  Presid.  While  the 

various  organs  for  the  performance  of  all  the  several  :  'notions 
of  this  union  have  not  yet  been  very  clearly  dilTiTent.  it 

does  not  follow  that  the  organization,  in  its  results,  is  not  ti,  ct- 
i\e.  Speakim'  of  the  judicial  system  and  its  ability  to  ac- 
complish resu.'  .,  the  prcsiJenL  stated  in  the  annual  report  of 
igi::  "As  already  sUited,  the  International  Union  is  completely 
self-governing.  Every  member  of  the  International  Union  pos- 
sesses the  right  to  first  appeal  to  the  local  union  against  any 
action  taken  against  him.  and  if  dissatisfied  with  the  result 
he  may  appeal  to  the  international  president,  and  from  any 
decision  rendered  by  the  president  he,  or  the  local  union,  may 
appeal  to  the  international  executive  board,  and  from  the 
executive  board,  to  popular  vote,  which  plan  completely  safe- 
guards the  right  of  the  member  and  the  rights  of  the  union. 
Under  this  plan  of  appeals  there  oin  be  no  such  thing  as  autoc- 
racy on  the  part  of  any  local  union,  the  international  president 
or  the  executive  board.  The  final  disposal  and  decision  is  vested 
in  the  hands  of  the  combined  membership." 

ijt;,i    ji_..-.  .-.-.i-.f-'r-.v.^.^  .-!."'.r."!.'-.rirr!pr! t  of  the  butdens  of  the  .nd- 
ministrative  branch,  the  executive  board  will  increase  in  im- 


THK.  AMI  KK   \N    IKADi:   I'NION 


III 


portanro.  As  tonvfiilinns  hcconu-  Irss  frcciufnt,  tlii-  will  l>i- 
vtill  mori-  accentuated.  Thi-  t-xccutivo  hoard  will  tend  to  Ihcoiih- 
ihf  center  of  authority,  subject  to  the  will  of  tlu'  union  of  locals. 
With  the  Hoiicr  Makers,  for  e.\am|)le,  the  executive  connul 
meets  once  a  year  for  a  two  weeks'  session.  Durinj^  this  time  it 
makes  an  inventory  of  ^uiiplies  and  property  of  the  union,  jjlans 
further  campaigns  of  or^ani/ation,  considc-s  and  de\el(ips 
tinancial  plans,  and  discusses  the  policy  bein^  followed  in  I  la- 
strikes  that  are  in  jjroKr.s.s.  This  may  amount  to  as  many  .is 
fifteen  or  more  at  the  time  of  the  session.  C  mt-asted  with  tlii^ 
may  be  noted  the  executive  board  of  the  Molders  liiion.  l-'urin^ 
the  tive-year  j)eri(Ml  between  the  conventions  of  ujcy  and  i()i2 
this  Innly  held  fourteen  meetings  at  whiih  wa.;  considered  all  the 
various  business  of  importance  pertaining  to  the  work  of  the 
order. 

Movement  Toward  Centralization.  -  There  must  be  a  limit 
to  this  centralization.  Ktliciency  and  e(  onomy  both  ar^,'ue  for  it.s 
extension.  Hut  unionists  sometimes  (are  less  for  economy  and 
etBciency  than  for  some  other  things.  They  are  jealous  of  au- 
thority and  suspicious  of  its  centralization.  The  oflicial  who 
spends  his  entire  time  for  years  in  the  atmosphere  of  a  business 
office  or  in  the  duties  of  administration  may  be  liable  to  the 
charge  of  losing  touch  with  the  shop  and  the  atmosphere  of 
shop  work.  The  energetic  workman  with  aspirations  for  leader- 
ship and  demagogic  tendencies  tinds  in  this  departure  from  what 
he  may  term  the  democratic  spirit  the  material  that  he  can  use 
with  skill  to  his  own  advantage.  It  is  doubtful  if  this  tendency 
toward  high  centralization  of  management  in  the  executive 
board  and  the  growing  infretiuency  of  delegate  conventions 
will  continue  for  much  longer  without  interruption. 

The  Local.  —  Ne.xt  in  importance  to  the  national  organization 
is  the  local.  As  a  matter  of  fact,  locals  existed  before  the  forma- 
tion of  the  nationals  in  many  cases  and  the  amalgamatit)n  into 
the  national  has  been  a  development  that  is  in  itself  not  without 
signit'icance.  The  first  realization  of  a  community  of  interest 
would  naturally  appear  with  the  extension  of  the  trade  and  the 
local  rivalry  among  employers.  With  this  development  it 
was  not  possible  for  the  locals  to  remain  apart.  The  first  coming 
together  was  of  an  informal  character,  for  the  purpose  of  con- 
ferences and  discussions  r,'  -  common  policy,  with  the  locals  tree 


M,     AN   IMKCl.U  n.,,N    K)  sni.V  OI    ORC.AM/.KI'  I.AHOK 

to  accept  or  reject  ll.e  conclusions.    The  necessities  ..f  the  c^e 
soon   nuule  these  conferences  (,f  increasing  unix.rtance.      1  he 
next  ste,>  that  I-as  been  i.ointc.l  out  i-^  the  exchange  of  member- 
shin      This  Rrew  out  of  the  increasing  tendency  of  members  t<. 
.eek  work  farther  away  from  home.    The  ach  antages  of  this  ex- 
change sm.n  became  evident,     ('.r.-wing  very  naturally  out  of 
these  exchanges  was  the  necessity  for  some  unitormity  m    he 
membership  rec,uirements.     This  we  are  told  was  the  next  step 
toward  amalgamation.    In  this  way.  taken  of  course  m  outhne 
onlv,  the  locals  became  more  clearly  aware  of  the  miportance  ol 
a  closer  union  anu.ng  the  locals  of  the  same  trade,  tirst  m  neigh- 
boring communities   and   later   covering  wider  areas.     In  this 
wav.  it  mav  be  assumed,   Jie  nationals  were  made  out  of  the 
exi;ting  locals.     Vet  this  dcK-s  not  explain  m  full  the  relations 
that  now  exist.     There  is  another  side  to  it.    The  larger  union 
has  been  instrumental  in  bringing  into  existence  many  of  the 
present  locals.    These  have  not  the  traditions  of  separate  exist- 
ence and  are  not  so  insistent  upon  a  large  degree  of  'home  rule. 
The  analogv  is  heli-ful.  if  one  thinks  of  the  attitude  of  the  original 
thirteen  state.:  and  the  new  states  of  the  union  toward  the  ques- 
tion of  "states  ri;^hts."     T^    >e  new  locals,  in  many  cases   are 
relatively  so  numer.ms  d        i  is  quite  correct  to  speak  of  the 
union  as  the  parent  of  the  locals.  _ 

Relatioxi  to  the  Union  -  Any  group  of  laborers,  it  is  true 
mav  form  an  organization.    But  they  cannot  ally  themselves  with 
a  larger  organization  in  their  trade  without  conforming  to  ct-r- 
tain  specitk  requirements,     -hese  are  laid  down  by  the  trade 
union  in  ses^ion  in  its  convention  and  are  enforced  by  its  ad- 
ministrative officers.    Thus  the  local  must  in  a  sense  surrender 
•t  part  of  its  autonomy  if  it  is  to  become  affiliated  with  a  national 
'  ■  international  organization.    This  many  local  societies  refuse 
,o  do  and  thev  remain  isolated    societies,  self-governing  but 
withou.  an  influence  commensurate  with  the  needs  o    the  day. 
The  nature  of  the  trade  determines  largely  whether  loca    soci- 
eties form  nationals  or  not.     If  trade  associations  took  only  this 
form  there  would  be  to-day,  as  there  was  in  the  earlier  days,  no 
trade  union  n.ovement.     Even  is  this  more  true  since  in  recent 
times  the  small  societies  can  exeicise  much  less  influence    han 
,l,.ir  nrrd.re^  ;.      did.     The  newer  local  societie.-,  having  been 
broug'  existence  through  the  ellorts  ol  the  national  .ocie. v , 


THE  AMKKU  AN  TRA!)K  UNION 


"3 


have  not  this  feeling  and  they  readily  and  naturally  become 
united  with  the  larger  organization  of  the  trade. 

Charters:  Membership.  —  The  tirst  ste[)  in  becoming  a  local 
allied  with  a  national  is  to  secure  the  charter.  Charters  are 
granted  by  the  international  executive  board  to  those  who  make 
aj)pliLation  in  the  [)roj)er  form.  This  will  all  be  attended  to, 
of  course,  by  the  organizer  whose  special  work  it  is  to  prepare 
the  new  members  for  their  organization.  The  number  for  a 
new  local  must  generally  be  not  less  than  seven.  In  some  cases 
ten,  or  ever,  more,  is  the  minimum  number  of  charter  members. 
In  case  there  is  already  a  local  of  the  trade  in  a  city,  its  consent 
to  the  admission  of  the  new  society  must  be  obtained.  This  is 
intended  to  prevent  friction  through  the  formation  of  rival 
locals  or  the  pos^ibility  of  factions  withdrawing  to  set  up  an  in- 
dependent society.  This  factional  lighting  i  •  not  uncommon, 
but  under  the  present  regulations  the  new  society  must  either 
"go  it  alone"  or  ally  itself  with  some  other  organization  than  the 
nation  il  of  its  own  trade.  This  is  by  no  means  an  impossible 
thing,  as  will  be  shown  later.  There  are  often  reasons  why  it  is 
better  that  there  should  be  more  than  one  local  in  some  trades 
and  in  some  cities.  With  this  provision  in  force  such  subdivision 
can  be  carried  on  in  a  friendly  way  and  prevent  the  loss  of  ad- 
vantage that  otherwise  comes.  The  terms  of  the  charter  fi.x 
the  form  of  organization  that  the  new  local  m.ust  take  and  es- 
tablish its  relation  with  the  union,  with  the  sub-district  unit 
and  with  other  locals  in  the  union.  After  the  charter  is  secured 
the  local  is  "established."  Members  may  then  be  added  who 
conform  with  the  union's  requirements  for  membership.  Ac- 
tivity in  the  trade  is  the  first  essential.  Unlike  the  earlier 
societies  the  skill  required  to  engage  in  the  work  of  the  trade 
must  be  shown,  the  ability  must  be  sufficient  to  earn  the  stand- 
ard wage  paid  to  the  craft  in  the  locality.  The  age  requirement 
shows  considerable  variation,  while  some  unions  discriminate 
t)n  race  and  others  on  se.x.  The.se  latter  considerations  are  of 
force  in  a  trade  where  the  nature  of  the  work  and  the  section 
of  the  country  offer  reasons  that  are  sufficient.  The  Order 
of  Railway  Conductors  needs  no  sex  requirement  but  on  the 
matter  of  race  it  establishes  the  regulation  that  admits  only 
white  male  persons  who  are  actually  employed  as  conductors. 


T'Vl*-»     r^r-Ai^r    t\f     T?r»iKi-' 


^^.l..,r^..,^U.,-.         ,,r^. 


-u  „__!,;_    f,_ 


U4     AN  IMRUUrc  TION  TO  STUDY  OK  OROANIZl.D  l.ABOK 

anv  white  person  of  ,o..d  n.oral  chanuU.r  wh<.  is  '^f'^'^^^y^ 
of  age  or  over  and  is  actually  em,.loyed  in  the  trade.        he  Re- 
tail Clerks'   International   Protective  Association  aca     .  an> 
pe  son  regardless  of  sex  between  the  ages  of  sixteen  a.id  fifty. 
Thu^it  is  obvious  that  the  nature  of  the  tradc^is  the  leading 
factor  in  determining  the  nature  of  the  membership,    ^iven  the 
name  of  the  union  it  would  be  generally  possible  to  guess  with  a 
foi^chance  of  success  what  the  membership  requirements  will  be. 
t1    there  are  other  requirements  than  these  more  genera   ones 
is  evident  from  the  fact  that  members  "" -^^"'^  "7,^^ '^^^^^^ 
mav  use  the  '"black  ball."    This  is  not  always  used  in  its  sim- 
nle  t  forin  however.    One  instance,  at  least,  of  a  more  comple.x 
ue  of  thTs  means  of  rejection  is  in  vogue.    If  the  committee  on 
membership  unanimously  reports  unfavorably  on  a  can^at 
the  matter  is  closed.     If  not,  the  members  ballot.     Three  or 
rnore  black  balls  reject  the  candidate.    If,  however,  two  b  ack 
bal  s  are  voted  the  ballot  is  taken  again.    If  for  the  second  time 
two  bkck  balls  appear  the  candidate  is  rejected.    If  on  c-ither  the 
fi^st  or  second  bTuot  less  than  two  black  balls  appear  the  candi- 

■^Iniiiation  Fees :  Dues.  -  Initiation  fees  are  very  diverse^    In 
some  of  the  constitutions  the  amount  of  the  fee  is  fixed^  Some 
estabUsh  a  constitutional  maximum  or  minimum  imit.  or  both 
as  f      instance  between  Sio  and  S25.     Sons  of  members    if 
between  the  ages  of  14  and  17,  for  example,  may  be  admit  ed 
a    half  rates.     Initiation  fees  do  not  always  remain  with    he 
ocaL     The  proportion  of  the  division  is  determmed  by^^^^^^ 
central  authority.     Efiort  is  made  to  keep  all  these  as  nearly 
uni  "ma    possible.     The  locals  are  allotte^d  only  enough  to 
m       local  expenses.    The  balance  goes  to  the  genera     und 

Freedom  of  Local.  -  In  all  matters  where  the  interests  .re 
general  the  central  body  through  its  administrative  officers 
and  Executive  board  exercises  a  very  real  control  over  locals. 
Wkhln  this  limitation,  however,  the  members  have  cons, ler- 
ble  scope  of  action.  Their  officers  they  choose  for  themsdxes, 
;h  y  have  their  regular  meetings  and  transact  purely  local  busx- 
nS  a 'they  may  wish.  Their  discretion  in  hxing  dues,  fees  and 
fin^s  is  la  ge  and  the  disciplining  of  members  is  quite  entirely 
."!Lf.  :.l  ..„.,.  u.nnllv  with  a  reserved  privilege  of  appeal. 
The7  must  maintain  certain  .landing  committees,  sucn,  lor 


THE  AMKRICAN  TRADE  UNION 


"5 


instance,  as  committees  on  grievances,  on  wages,  on  concilia- 
tion, and  if  there  he  any  form  of  benefit  fund,  as  there  so  fre- 
quently is,  there  must  be  a  regular  system  for  colKcting  the 
funds.  The  officers,  though  chosen  l)y  the  locals,  are  reciuired 
to  report  to  the  union  headquarters  the  condition  of  their 
respective  locals.  These  reports  generally  consist  in  filling  in 
standardized  lilanks  sent  out  from  headquarters  and  calling 
for  such  information  as  to  membership  and  conditions  of  or- 
ganization as  experience  may  have  showTi  to  \  :  desirable.  Thus 
the  information  is  uniform  and  easily  compikxl  at  headquarters 
into  general  statements.  As  a  typical  equipment  of  ollicers 
for  a  local  the  ft)llo\ving  list  will  serve.  President,  vice  presi- 
dent, recording  secretary,  financial  secretary,  treasurer,  sentinel, 
conductor,  three  trustees  fusually  so  chosen  as  to  be  a  contin- 
uous body),  an  executive  board  of  five  members,  an  auditing 
committee  of  three,  and  a  label  committee  of  the  same  number. 
All  these  are  elected  annually. 

District  Unit.  —  Between  the  national  organization  on  the 
one  hand  and  the  local  on  the  other  has  developed  the  division 
or  district  unit,  a  connecting  link  that  has  not  the  independent 
character  of  the  latter  nor  the  authoritative  control  of  the 
former.  It  is  the  iirect  outcome  of  the  growth  of  the  larger 
unions,  necessarv'  as  an  aid  in  administrative  and  judicial  ac- 
tivity. These  have  but  little  that  is  distinctive  in  character. 
Created  directly  to  meet  a  practical  need  their  form  is  expressly 
provided  in  the  constitution  and  their  powers  limited  to  those 
that  the  document  dir  tly  confers  upon  them.  They  are 
made  up  of  delegated  members  chosen  from  the  locals  of  a 
limited  contiguous  territory.  Matters  of  cc^mparatively  minor 
importance  may  be  referred  to  them  for  consideration,  and 
even  for  final  disposal  subject  to  possible  appeal  to  the  national 
body.  Uniform  wage  scales  for  local  areas  are  often  determined 
by  these  bodies.  Differences  of  opinion  between  locals  and 
em|)Ioyers,  when  open  disturbance  would  be  more  far  reaching 
in  its  effect  than  the  limits  of  a  single  local,  must  be  referred 
to  the  subdivision  before  final  action  is  taken.  In  the  judicial 
activity  cases  may  be  referred  to  them,  as  to  a  court  of  appeals, 
with  the  privilege  of  carrying  the  case  up  to  the  supreme 
court  of  the  union,  if  it  cannot  be  satisfactorily  adjusted  other- 


1X6    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

beJn  dcfelp  d  by  trad,  union.  „>to  an  elaborate  instrument  for 
rccc"  dins  tie  popular  .ill  of  the  membership.     In  some  cbrec- 
t  on    it  seems  to  be  superseding  the  work  of  the  conventu.ns^ 
Irxcticaly  all  c.f  the  g^eat  unions  proNide  for  this  method  of 
I'STu  i  used  in  Articular  for  the  accomplishment  of  two 
d  s  inct  ends.    One  of  these  is  for  the  amendment  of  the  const  - 
Sn      in  its  simpler  form  it  is  used  to  -ufy-^amen^.ent 
nronosed  or  endorsed  by  the  convention.     In  such  casts  tne 
SSIons  for  amendme'nt  are  printed  within  a  cenain  Ume 
limit  after  the  convention  adjourns,  sent  to  all  the  '"C^'^J^^" 
InT   uc  ions  to  return  the  vote  within  a  given  time  again  set  by 
he  l"t  of  the  union.     These  returns  are  th-  compi  ^^^^^n^^^ 
the  results  announced  from  headquarters.    While  in  the  earlier 
L  of  organization  it  was  usual  to  vote  upon  amendment 
n^e  convention  making  no  use  at  all  of  the  referendum,  there 
are  now  cases  where  all  amendments  in  whatever  way  proposed 
clnnot  have  a  final  endorsement  in  any  other  way  than  by 
ef'endum  vcie.    The  only  weight  that  the  convention  carries 
^'such  cases  is  the  influence  that  its  endorsement  -y  ^ave  w^^ 
the  members  come  to  decide  for  themselves.     In  ca.es  where 
annu'uonventions  are  not  held  it  has  been  necessary  to  make 
more  general  use  of  this  method.    In  such  cases  the  mitiative 
TaddTd  to  it.     Amendments  may  be  proposed  by  any    oca 
Thfn  they  must  be  endorsed  by  a  prescribed  number  of  locak 
as\n  the  case  of  a  large  union,  forty  not  more  than  hve  of 
.ii  h  may  be  in  any  one  state.    With  this  provision  for  initia- 
tiv    comp  ied  with,  the  referendum  vote  will  be  taken.    Amend- 
mentsThus  proposed  must  ordinarily  receive  a  majority  (some^ 
Um"l  two-thirds)  of  all  the  votes  cast,  provided  a  designated 

er:?^e^Uhe  referendum  is  for  the  election  of  offic^N^^ 


TUp  frillnwins  requirements  may 


be""  ga';d  J::  ;?piS      Lo;al,  n..™„a.e  hy  .ajority  vote. 


THE  AMERICAN  TRADE  UNION 


117 


■t 
a 

i 


each  local  being  privileged  to  nominate  one  candidate  for 
each  elective  office.  These  nominations  are  then  sent  to  the 
national  secretary.  From  these  communications  the  list  of 
nominees  is  prepared  and  published  in  the  official  journal  of 
the  union.  The  five  who  have  been  supported  by  the  largest 
number  of  locals  for  each  office  become  the  nominees,  provided 
that  candidates  for  the  office  of  president  and  secretary  have 
at  least  thirty  endorsers  and  all  other  candidates  have  at  least 
ten  each.  The  election  is  then  held,  the  voting  being  for  the 
candidates  who  have  been  nominated  in  accordant-  with  this 
plan.  For  officers  other  than  president  and  secretary  the  nomi- 
nees having  the  highest  number  of  votes  are  declared  elected. 
For  the  two  named  offices  the  candidates  must  receive  a  major- 
ity of  all  votes  cast.  In  case  no  one  receives  a  majority,  a  second 
election  is  held  to  choose  between  the  two  candidates  receiving 
the  highest  number  of  votes.  In  some  unions  the  referend.^n 
is  used  for  other  purposes  than  these  iwo.  Laws  involving 
an  increase  of  ta.xation  must  in  some  unions  be  submitted  by 
referendum  vote.  Measures  initiated  by  the  executive  board 
may  be  thus  referred.  In  some  cases  the  referendum  is  coupled 
with  the  initiative  in  general  legislation,  fifty  locals,  or  some 
other  fi.xed  number,  being  sufficient  to  require  action. 

The  Referendum :  Its  Value.  —  Experience  with  the  referen- 
dum has  tended  to  reduce  somewhat  the  optimism  of  those  who 
have  been  its  most  persistent  advocates.  In  cases  of  general 
interest  it  is  not  difficult  to  poll  a  large  vote  in  the  locals.  If 
it  be  to  determine  some  question  relating  to  a  strike  the  vote 
will  be  generally  large.  Any  other  question  that  touches  di- 
rectly the  interests  of  the  rank  and  file  will  call  out  a  large 
vote.  Constitutional  questions  seldom  poll  a  large  vote.  Even 
elections  for  the  choice  of  officials  show  a  light  vote  with  the 
exception  of  those  locals  from  which  the  candidates  are  chosen 
It  has  been  necessary  to  place  the  percentage  of  voters  actually 
voting  very  low  in  order  to  secure  the  passage  of  any  legislation 
at  all  by  this  method.  So  striking  has  the  apparent  neglect 
become  that  it  has  even  been  suggested  by  some  leaders  that 
it  may  be  a  good  policy  to  fine  all  members  who  do  not  vote 
on  anv  measures  submitted  to  locals  for  their  consideration. 


TTU^ 


yaroran 


/A^^r 


tUc 


.-.f    l•(^tl'ncT    «-ac    rnlli'f?    intn   nnprntinn    to 


meet  the  difficulty  of  minority  voting.     Experience  would  in- 


iiS     JiN  IMkOUUCnoX  TO  STUDY  OF  ORGANIZED  LABOR 

dicatc  that  the  plan  does  not  realize  all  that  its  advocates  hoped 

for. 

Conclusion.  —  This  is  in  general  terms  the  outline  of  govern- 
ment that  the  trade  unions  of  America  have  adopted.     It  has 
evolved  out  of  the  necessity  of  the  case  and  is  not  to  be  regarded 
as  in  any  sense  a  permanent  structure.    The  foim  is  constantly 
changing,  though  slowly   and  at   differing   paces   in  dilTerent 
unions.     There  are  clear  evidences  of  greater   uniformity  as 
experience  reveals  the  superiority  of  some  forms  o\er  others. 
Natural  c^election  is  awarding  the  prize  of  relative  permanency 
to  the  form  that  best  meets  the  needs  of  the  time.     Others 
copy  the  strong  points  or  are  worsted  in  the  struggle.     This 
tendency  toward  uniformity  is  not  without  its  definite  limita- 
tions, however.    Var>ing  conditions  of  different  trades  will  of 
necessity  cause  variations  in  form.     Women  in  industr>'  will 
mean  women  in  unions.     High  degrees  of  skill  will  naturally 
lead  to  high  fees  and  somewhat  exclusive  membership.    Changes 
in  division  of  labor  will  affect  the  membership  requirements. 
There  will  remain  \ariety  in  the  midst  of  uniformity  as  each 
organization   seeks   to   meet,  the   general   demands   of   labor's 
interests  and  at  the  same  time  the  specific  requirements  of  a 
particular  trade.    Though  there  is  evident  increasing  uniformity 
and  a  slow  approach  to  a  ty-pe,  it  must  not  be  understood  that 
this  t>pe  will  be  permanent.     No  t>'pe  of  labor  organization 
has  acquired  permanency  and  it  is  not  probable  that  any  one 
will.     Relative  permanency  is  not  only  the  only  fact  that  -s 
apparent  but  it  is  the  only  thing  that  is  desirable.    Stagnation 
would  follow  upon  cessation  of  change.     That  there  is  little 
danger  of  this  is  only  too  apparent  to  one  who  sees  the  newer 
types  that  are  already  beginning  to  appear.    Though  of  great 
consequence  these  do  not  yet  belong  to  a  description  of  what 
is,  and  so  do  not  come  in  for  consideration  at  this  time. 

Any  study,  based  only  on  the  printed  constitutions,  can 
give  but  a  partial  idea  of  the  real  organization.  These  docu- 
ments are  amended  with  comparative  ease,  and  sometimes 
the  departure  from  their  requirements  is  not  very  summarily 
dealt  with.  Results  are  of  large  importance  and  if  they  are 
secured,  the  legality  of  the  means  is  not  always  very  carefully 
scrutinized.  "To  a  certain  extent,"  says  John  Mitcheii,  "the 
formal  written  constitution  of  u  trade  union  is  rather  a  state- 


THE  AMKRIC.^N  TRADE  UNION 


119 


meiit  of  principles  and  a  formulation  of  the  present  policy  of 
the  union  than  a  hard  and  fast  determination  of  its  future 
laws."  With  the  more  conservatively  directed  unions,  this 
is  not  so  often  the  case.  Arc  in  unionism  quite  generally  leads 
to  greater  respect  for  the  laws  of  unionism  even  when  it  may 
mean  the  loss  of  some  immediate  object. 


CHAPTF'^   VIII 
TRADE   UNION   STATISTICS 

A  complete  and  accurate  statement  of  the  numbers  connected 
with  unions  is  difficult  to  make.  Until  within  the  last  decade  a 
guess  was  the  nearest  possible  approach.  Within  that  time  more 
accurate  information  has  appeared.  Unions  have  adopted  the 
method  of  reporting  only  those  members  whose  dues  are  p)aid 
up.  This  regulation  has  been  brought  about  largely  by  the 
central  authorities.  Voting  strength  as  shown  by  conventions 
and  refercndums  as  well  as  claims  on  benefit  funds  have  been 
made  dependent  upon  paid-up  memberships.  Names  in  arrears 
are  automatically  dropped  from  the  rolls  in  accordance  with  the 
rules  of  the  nationals.  This  method  of  keeping  a  membership 
account  has  contributed  greatly  to  the  accuracy  of  trade-union 
statistics.  Vet  it  must  be  recognized  that  a  considerable  margin 
of  inaccuracy  still  remains.  In  spite  of  the  fact  that  all  figures 
must  be  taken  as  approximate  only,  they  must  be  admitted  to 
have  an  importance  that  is  not  to  be  overlooked. 

More  recently  the  departments  of  labor  in  some  of  the  states 
have  undertaken  to  compile  these  statistics  so  that  they  are  not 
only  more  available  than  formerly  but  also  more  nearly  accu- 
rate. 

GENER.\L  DAT.\ 

From  the  last  statement  of  the  New  York  State  Bureau  of 
Statistics  and  Information  it  is  learned  that  there  were  in  iqi,^ 
a  total  of  2,604,701  unionists  reported  in  the  United  States 
and  149,577  in  Canada,  making  a  total  for  North  America  of 
2,754,278.  Most  of  these  belonged  to  international  unions.  As 
the  figures  arc  from  the  official  reports  of  paid-up  memberships, 
they  may  fairly  be  regarded  as  a  minimum. 

The  Hrst  of  these  reports  was  made  for  tr.e  year  igio  and  was 
an  estimate  onh.'.  The  total  fi^r  Ami  ric:.  w;i>  then  nl.ired  .Tt 
2,6^'5,ooo.     That  this  svas  an  overestimate  appc  rs  from  the 

120 


TRADE  UNION  STATISTICS 


i:i 


more  reliable  reports  used  in  the  followinp:  years  based  on  paid- 
up  membership  as  reported  by  the  officials  of  the  unions.  The 
accompanying  table  shows  the  changes  for  the  four  years. 


igio 


United  States 

Canada 

Total  for  Anierira 

(estimated) 2,625,000 


igi  I 

Igi3 

IQM 

2,162,1)26 

2,380.7  ^.? 

2,604,701 

IJ3.I.^2 

160,120 

149,577 

2,296,058    2,540,84,5    2,754,27^ 


These  more  accurate  data  make  earlier  estimates  seem  quite 
improbable,  though  they  appear  to  have  conveyed  the  reliable 
opinion  of  the  day.  In  1864  the  total  membership  of  labor 
organizations  was  estimated  at  200,000.  In  IQ03  John  Mitchell 
asserted  that  there  were  probably  at  that  time  2,250,000  trade 
unionists  in  the  United  States.  Speaking  in  the  annual  report  of 
iqi2,  President  Perkins  of  the  Cigar  Makers  Union  said  that 
thirty-five  years  before  that  time  there  were  probably  not  over 
40,000  organized  workmen  in  the  United  States  as  against 
2,300,000  at  the  time  of  the  report. 

Grouped  according  to  trades  and  arranged  so  as  to  show  the 
membership  for  each  trade  group,  the  result  is  as  follows: 

Croups  of  Trades  Total  Membership 

Mines  and  quarries 423'3<JO 

Building  and  stone  work 543,460 

Metal,  machinery  and  shipbuilding 248,092 

Woodworking  and  furniture 25,910 

Textiles  and  clothing 240,964 

Glass,  pottery,  paper  and  leather 43,47° 

Printing  and  binding 101,522 

Transportation 667,845 

Food,  liquor  and  tobacco 103,900 

Restaurants  and  trade 120,727 

Theaters  and  music 86,627 

Miscellaneous 148,461 


Total 2,754,278 

The  number  of  members  in  tmions  at  the  present  time  cannot 
be  accurately  stated,  because  of  the  inadequacy  of  the  records 
kept  by  many  locals  and  the  difficulty  of  gathering  the  data 
from  those  who  do  keep  iiie  uioic  uaiciui  recoras.     •  ~  ■         ' 


J.  IXL.     AllV^.?!' 


J 


122     AN   IN  IkODK   ri()\  TO  STIDN    or  ()R( ,  \NF/.[.I )  LABOR 

ri'ccnt  rtlial)lf  rstimati-  is  that  made  l)y  Professor  Bamett  for 
the  Commission  on  Industrial  Relations.  "It  may  he  roughly 
estimated,"  says  the  report,  "that  in  manufacturing,  mining, 
transportation  and  the  building  industries,  if  the  |)n>p,ietary, 
supervisorv-,  official  and  clerical  classes  are  excluded,  twenty-tive 
per  cent  of  the  workers  twenty-one  years  of  age  and  over  are 
trade  unionists."  Further  it  is  stattd  that  the  number  of  trade 
unionists  is  steadily  increasing  relative  to  the  working  popula- 
tit)n,  in  ^\)i{l-  of  the  opposition  to  unionism  manifested  by  the 
larger  cori)orations  and  the  employers'  associations. 

NON'-FEDKR/VTED   UNIONS 

Of  the  unions  that  still  remain  outside  of  the  Federation,  by 
far  the  largest  group  is  that  of  railway  employees.  There  are 
eight  unions  with  a  total  membership  c  "73,339.  Of  these  the 
largest  is  the  Brotherhood  of  Railroad  Trainmen,  numbering 
133.884.  The  Brotherh(X)d  of  Locomotive  Firemen  and  Engine- 
men  has  88,840  members;  the  Brotherhood  of  Locomotive 
Engineers,  68,890;  the  Order  of  Railway  Conductors,  45,782. 
The  other  four  unions  are  the  Car  Workers,  the  Signalmen,  the 
Station  .\gents  and  the  Station  Employees. 

Outside  of  the  railway  orders  the  largest  unaffiliated  union  is 
the  Bricklayers,  Masons  and  Plasterers  Union,  1  having  a  total 
membershii)  of  82,298.  There  are  four  other  unions  each  with  a 
membership  of  20,000  or  over  that  have  not  affiliated.  These 
are  the  Letter  Carriers;  State,  City  and  Town  Employees;  Post 
Office  Clerks;  the  Electrical  Workers  (dissenting  branch). 
The  four  have  a  combined  membership  of  103,145. 


NUMBER   AND  DISTRIBUTION  OF   LOCALS 

W'hile  it  is  evident  that  the  number  of  locals  varies  greatly  in 
the  different  unions,  it  is  not  easy  to  state  the  exact  number  for 
each.  The  universality  of  the  trade  will  be  the  determining 
factor,  of  course,  and  such  trades  as  the  printers,  the  carpenters 
and  the  masons  will  have  a  large  number  of  locals  as  well  as  a 
large  membership,  while  trades  like  the  granite  cutters,  diamond 

•  .\s  this  material  is  in  press,  the  announcement  is  made  that  this 
union  IS  about  to  afiiliatc  with  the  A.  I",  of  L. 


rk.\I)K  LNION  STA  IISTICS 


133 


workers,  or  powder  workers  will  l.e  .omparativtly  small.  In 
the  rwcnty-Third  Annual  Report  of  the  United  States  Com- 
missioner of  Lalior  (igoS)  is  a  study  from  whiih  it  appears  that 
in  7.^  unions  there  wa^  a  total  of  I7,2;^  ioeals;  io,2()(j  hei-i^  in 
the  United  States  and  (j  V)  in  Canada.  The  avera^'e  number  -n 
locals  for  the  entire  7.^  unions  was  2,^1,  for  the  number  in  the 
United  Slates  the  average  was  22,:;,  leaving  an  average  of  13 
locals  in  Canada.  There  were  22  unions  that  .ad  no  locals 
outside  of  the  United  States.  Deilucting  this  number  from  the 
list,  it  leaves  18  as  the  average  numijer  for  Canada  among  the 
unions  that  have  any  locals  there  at  all. 

The  variety  and  distribution  of  the  locals  may  be  shown  by  a 
few  cases  taken  as  illustrative.  The  United  Textile  Workers 
had  (August,  1915)  a  total  of  105  locals,  two  of  which  were  in 
Canada.  These  were  distributed  throughout  17  states  of  the 
union  in  addition  to  the  ones  in  Canada.  The  T>-pographical 
Union  shows  also  a  large  local  list.  In  4S  states  there  were  ()20 
locals.  The  District  of  Columbia  had  one,  making  621  within 
the  United  States.  Hawaii,  the  Philippines  and  Porto  Rico 
had  one  each,  and  Canada  had  45.  In  addition  to  these  there 
were  19  German-American  locals,  37  locals  of  mailers,  6  of 
newspaper  writers,  and  i  of  type  founders.  These  aggregated 
732  locals,  all  of  which  were  members  of  the  international. 
These  were  joined  into  196  allied  printing  trades  councils  and  18 
Slate  and  district  organizations.  (Report  of  Secretary,  19 14.) 
The  Bricklayers.  Masons  and  Plasterers  had  (June,  191 5) 
a  total  of  945  locals.  Of  these,  883  were  scattered  throughout 
all  the  48  states  and  the  District  of  Columbia,  and  62 
were  in  Canada.  These  were  joined  in  23  state  and  provincial 
conferences.  The  Molders  Union  had  (July,  1915)  4^0  locals. 
One  was  in  Panama,  ^,2  in  Canada,  and  the  remaining  377  were 
in  40  states  of  the  union.  The  International  Association  of 
Machinists  (July,  1915)  had  819  locals;  754  in  48  states  and  the 
District  of  Columbia,  63  in  Canada  and  2  in  Panama.  The 
Cigar  Makers  Union  (June.  191 5)  had  400  locals,  of  which  449 
were  in  43  states  and  the  District  of  Columbia,  23  in  Canada, 
one  in  Cuba  and  17  in  Porto  Rico.  The  United  Brotherhood 
of  Carpenters  and  Joiners  (Sept.,  1915)  had  1,898  locals,  141 
district  councils,  18  state  and  provmciai  bodies,  ali  jouied  m  the 
international.    These  locals  were  scattered  through  all  of  the 


i.'4    AN  IXTR(-F)L"rri()N  Td  STUDY  Or  OKCANI/.I.I)  I.MiOK 

stales  and  Icrritorii-s,  tlu-  Hawaiian  Islands,  I'orlo  Rko  and 
Canada.  'riuTc  art-  7  Kcni-ral  districts  in  tliis  union,  oath  with 
a  mi'niber  on  tin-  (.'xixutive  hoard  of  the  union.  The  membership 
wiliiin  these  districts  was  as  follows:  54,q(>S;  28,777;  4y)0.25; 
7,528  (Southern  stales);  24,14s;  ^2,1  21 ;  4,105  (Canada). 


VARi.\TioNS  i.s  mi:mhi.rshii> 

That  there  is  continual  variation  in  the  membership  l)ecomcs 
evident  upon  a  study  of  the  ofhcial  reports  of  the  various  or- 
ganizations. Locals  are  continually  being  formed  while  others 
aredropping  out  or  being  officially  dropped  by  thcgcneral  officers. 
The  facts  showing  this  are  numerous,  yet  no  general  com- 
pilation can  be  made  that  would  be  comprehensive.  The  Car- 
penters and  Joiners  reported  in  iqo8  a  total  of  i,qo6  locals 
with  a  membership  in  good  standing  of  178,503.  Two  year.s 
later  the  number  of  locals  was  1,825  and  the  total  membership 
was  200,712.  To  these  facts  are  added  in  the  report  the  state- 
ments that  724  members  are  paid  up  but  whose  locals  owe  more 
than  three  months'  ta.\  and  are  not  in  good  standing;  and  30,710 
members  with  dues  over  three  and  under  six  months  in  arrears. 
These  are  not  included  in  the  total  paid-up  membership  stated 
above. 

The  reports  of  the  Cigar  Makers  Union  show  the  variation  in 
that  trade.    On  September  first,  1912,  the  conditions  were: 

Number  of  unions  in  good  standing,  igoi 414 

Number  of  unions  organized  since  that  date 19a 

Total 606 

Number  of  unions  dissolved  or  suspended,  since  1901    118 

Number  of  unions  in  good  standing,  Sept.  ist,  191 2 488 

Net  increase  since  Sept.,  1901 74 


The  growth  of  this  union  appears  further  from  the  following 
table: 


TRADK  LNION  STATISTICS 


125 


Sup! 
i'lar 

1877. 

T87Q 

1H80 

1881. 

1882. 

i88i 

1884 

1885. 

1 886. 

1887. 

1888 

iH8() 

i8()0 

i8qi. 

1892. 

1893. 

1894 

189s 


.itnil;  Mfmf<rr:htp 

■7 

.n 2.72') 

74        4.440 
1  .'6    .    14  .'>04 

11,4,^0 

i8<  13.214 

11,871 

191 12,000 

24,672 

259 20,566 

I7.'W 

.270 17-555 

24.624 

291 24.221 

26.678 

316 26.788 

27,828 

27,760 


Srpl 
irir 

1896. 

1897. 

1898 

iS.)() 
1000 

KJOI  . 
1002. 

11)03 

igo4 

1Q05 

n)o6 

1907 

1908. 

1909. 

1910 

1911  . 

1912. 


Lorali  Uemhfrskip 

■3SO 27.3I« 

26.347 

26,460 

28,o<)4 

3.^Q55 

414 .?.?-Q74 

37.023 

30.3c  I 

41.536 

40.07s 

30.250 

41.337 

40.354 

44.414 

43.837 

42.107 

.41,500 


488. 


Variations  in  membership  are  very  general.  But  few  unions 
escape  this  experience.  There  is  no  regularity  in  these  variations, 
as  the  forces  that  cause  them  are  irregular,  varied  and  complex. 
The  tables  on  pages  126  and  127  show  these  changes.  It  will 
appear  that  for  many  there  is  a  fairly  constant  gain,  for  others 
there  is  considerable  irregularity,  while  for  a  few  the  figures  of 
membership  remain  comparatively  constant. 

NE.V   YORK   STATE 

The  New  York  State  Department  of  Labor  has  published  data 
that  show  very  clearly  the  development  of  organized  labor  in 
that  state.  From  these  figures  the  accompanying  tables  will 
indicate  the  conditions  of  growth;  including  the  increase  in  the 
number  of  locals  in  Xew  York  City  and  in  the  rest  of  the  state 
for  each  year  and  the  increase  in  membership  for  the  same  sec- 
tions of  the  state. 


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128 


AN  IXTkUDUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


NUMBER  OF  ORGANIZATIONS 

(September,  191 5) 


I'      :i 


Year  Nev  York  City 

1898 440 

i8qq 477 

1900 502 

iqoi 515 

IQ02 579 

igo3 653 

1904 670 

1905 667 

iqo6 678 

1Q07 712 

1908 704 

1909 690 

1910 722 

1911 736 

1912 693 

1913 760 

1914 763 


Year  New  York  City 

1898 125.429 

i8q9 141,687 

1900 154,504 

19OI 174,022 

1902 198.055 

1903 244,212 

1904 254,719 

.905 251,277 

1906 260,008 

1907 286,180 

1908 -239,538 

1909 243,157 

1910 337.509 

I911 357.071 

1912 377,709 

1913 49^,7^3 

1914 431,998 


Remainder 
•)/  Slate 

Total       Ga 

Per  Cent 

in  +  or  Loss  — 

647 

1,087 

843 

1,320 

233  + 

1,133 

1,03  s 

315  + 

1.356 

1,871 

236  + 

1,650 

2,229 

358  + 

1,930 

2,583 

354  + 

1,834 

2,504 

79  — 

1,735 

2,402 

102  — 

1,742 

2,420 

18  + 

1,785 

2,497 

77  + 

1,740 

2.444 

S3  — 

1,669 

2,359 

85- 

1,735 

2,457 

98  + 

1,762 

2,.;98 

41  + 

1.776 

2,469 

29  — 

1,883 

2,643 

174  + 

1,854 

2,617 

26  — 

MEMBERSHIP 

(September,  1915) 

Remainder 
of  Stale 

Total 

Percent 
Gain  +or  Loss— 

45,638 

171,067 

67,333 

209,020 

22.2  -h 

90,877 

245,381 

I74  + 

102,119 

276,141 

12.5  + 

131,046 

329,101 

19    2  -t- 

151.386 

395-598 

20.2  + 

136,957 

391.676 

1.0 

131-959 

383.236 

2.2  — 

138.486 

398,494 

4.0  + 

150,612 

436.792 

96  + 

132.921 

372,459 

14.7  — 

129,572 

372,729 

0.1  + 

i44,-i-5 

481,924 

293  + 

147,243 

504.314 

46  + 

148.963 

526,672 

4  4  + 

Afir   -.iS 

26  ^  4- 

163,826 


S9S.'i24 


10.4 — 


TRADE  UNION  STATISTICS 


129 


NUMBER  OF  UNIONISTS,  CLASSIFIED  IN  OCCUPATIONS 

(September,  191 5) 

Trades  'SqS  '903  ")»»  '9'3 

Building,  Stone  work,  etc 59.676  110,173  120,010  138,738 

Transportation 19,065  63,791  68,000  q3,995 

Clothing  and  textiles 26,444  40,981  31.409  226,528 

Metals,  machinery,  etc 11,621  48,230  28,830  37,452 

Printing,  binding,  etc 15.090  23,915  25,181  30,730 

Wood  working  and  furniture .  .  4,468  16,916  10,194  14,762 

Food  and  liquors 6,469  I5,757  M,7S3  i7  995 

Theaters  and  music 9,346  11,674  i6,95S  26,607 

Tobacco  8,889  12,435  11,523  10,217 

Restaurants,  trade,  etc 3,228  14,828  10,636  28,705 

Public  employment 1,880  9,753  i5,097  io.304 

Stationary  engine  tenders 3,738  11,166  11,984  11-655 

MisceUaneous i,i53  i5,979  7,88?  9,56o 

Total 171.067     395,598    372,459    665,248 

Of  the  27  cities  in  New  York  State  with  1,000  or  more  popula- 
tion only  4  showed  a  decrease  in  the  number  of  locals  in  19 13 
compared  with  1912,  and  but  4  suffered  a  loss  of  union  members. 
In  but  2  was  there  loss  in  both  the  number  of  locals  and  the 
membership.  The  total  loss  in  membership  was  1,933  and  the 
gain  was  139,322,  making  a  net  gain  of  137,389-  While  there  was 
a  total  loss  of  5  locals,  there  was  a  total  gam  of  153-  As  pre- 
viously shown,  the  gain  in  locals  for  the  state  was  174  and  m 
membership  138,576. 

Further  evidence  of  centralization  appears  from  an  examma- 
tion  of  the  9  largest  cities  of  the  state.  In  1910  these  9  cities 
having  6s  per  cent  of  the  state's  population,  had  87  per  cent  of 
the  trade  unionists  of  the  state,  leaving  but  13  per  cent  of  the 
unionists  in  the  remaining  35  per  ^ent  of  the  population.  In 
1913  the  percentage  of  union  membership  in  these  9  cities  had 
increased  to  90.  Of  these  cities,  New  York  with  52  per  cent  of 
the  population  had  70  per  cent  of  the  union  men,  in  19 10. 

Further,  it  is  shown  that  in  every  industry  there  was  a  gain  in 
membership,  and  in  all  but  the  tobacco  industry  there  was  a 
gain  in  the  number  of  unions. 

All  these  results  must  be  understood  to  be  net,  for  there  were 
losses  as  weU  as  gains.    For  example,  in  transportation  there 


I30    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

were  large  gains  in  spite  of  a  loss  of  2,000  members  mainly  in 
the  navigation  branch. 

During  the  year  19 13  one  new  local  at  least  was  formed  m 
each  of  13  different  trades  or  branches  of  trades,  a  total  of  292 
locals  in  such  trades.  The  number  of  trades  with  a  membership 
of  2,000  or  more  in  the  state  was  increased  by  5,  making  a  total  of 
65  such  trades.  This  is  again  a  net  result,  8  trades  being  added 
to  the  list  and  3  cut  off.  Of  these  65  trades  the  total  membership 
increased  in  54,  decreased  in  10,  and  in  i  remained  stationary. 
Only  2  trades  showed  a  decrease  of  as  much  as  2,000  members. 
Of  the  same  list  of  65  trades,  30  increased  the  number  of  locals, 
27  showed  no  change,  and  8  experienced  a  decrease. 

VARYING  SIZE  OF  UNIONS 

The  strength  of  influence  of  unionism  is  further  indicated  by 
the  large  membership  of  some  of  the  unions.  W  '■  centralized 
management  the  collective  strength  is  greatly  increased  by 
numbers.  The  unity  of  action  gives  added  force.  There  are 
three  unions  each  with  a  membership  of  over  100,000.  These 
are  the  United  Mine  Workers  of  America  (370,800);  the  United 
Brotherhood  of  Carpenters  and  Joiners  of  America  (210,700) 
and  the  Brotherhood  of  Railroad  Trainmen  (133,884). 

Arranged  in  groups  on  the  basis  of  the  reported  membership 
there  appear: 

Vnions  "^"^  Membership 

3        over  100,000 71S1384 

II  between  100,000  and  50,000 734.128 

14       "          50,000    "    25,000 503.327 

29        "          25,000    "    10,000 450.768 

68        "          10,000    "      1,000 275,819 

33  less  than     1,000 25,487 

Of  the  entire  number  listed,  1 58  unions,  the  median  of  member- 
ship is  s,ooo. 

THE  AMERICAN   FEDERATION  OF  LABOR 

A  further  indication  of  strength  is  found  in  the  relative  num- 
bers affiliated  with  the  American  Federation  of  Labor.  The  last 
report  of  membership  in  this  organization  at  the  time  of  writing 
was  the  annual  report  made  lu  Uic  convcniic<n  in  v,j\-ci:iux:i, 
1914.     This  shows  a  total  mem'  ership  of  2,020,671:  about  73 


TRADE  UNION  STATISTICS  I3X 

per  cent  of  the  entire  union  membership  of  the  country.  This  can 
be  regarded  as  approximate  only,  for  the  comparison  is  not  for 
the  same  years. 

TABLE   SHOWING   AVERAGE   PAID-UP  AND   REPORTED   MEMBERSffiP  AND 
NUMBER  OF  UNIONS  AFFILIATED  WITH  THE  A.  F.  OF  L.    iSgyiyU 
Year  Uembtrskip  Unions    Affilialed 

1897 264,825  55 

1898 278,016  67 

1899 349.422  73 

1900 548.321  °2 

1901 787,537  ^7 

1902 1,024,399  97 

IQ03 1,465.800  "3 

1904 1,676,200  120 

1905 1,494,300  "8 

1906 1,454.200  "9 

1907 1,538,970  "0 

1908 1,586.88s  "5 

1909 1,482,872  "8 

1910 1,562.112  120 

1911 1,761,835  "5 

1912 1,770,14s  "^ 

1913 1,996,004  "^ 

1914 2,020,671  "o 

The  average  membership  for  the  official  year  1915  is  reported 
as  1,946,347,  the  first  decrease  since  1909.  The  largest  average 
monthly  membership  was  for  September,  191S,  when  the  number 

was  1,994,1X1.  ,  .     .    ...     ,    ,  .   .  tu^ 

The  changing  nature  of  the  membership  is  indicated  by  the 
following  statement  from  the  report:  "Sixty-four  national  and 
international  unions  show  an  increase  in  their  average  member- 
ship over  last  vear  (1913)  of  90-627  members;  twenty-three 
organizations  show  no  increase;  twenty-three  organizations  show 
a  decrease  of  64,277  members;  and  the  total  membership  of 
directly  affiliated  local  unions  shows  a  decrease  of  1,683  members. 
The  membership  reported  does  not  include  all  the  members  m- 
volved  in  strikes  or  lockouts  or  those  who  were  unemployed 
during  the  fiscal  year,  for  whom  tax  was  not  received. 

c^^i.^.ntina  thp  ahovc  table  are  stated  in  the  report  the 
following  facts  for  the  one  year  1914  as  to  alterations  maae  m 


Ii  1 


132    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  relations  of  other  unions  in  their  charter  affiliations.  One 
national  union  with  a  membership  of  ten  was  disbanded.  Two 
were  suspended.  These  had  a  combined  membership  of  1,172. 
Of  central  bodies,  eight  were  disbanded  and  one  suspended  for 
non-payment  of  per  capita  tax.  There  were  forty  local  trade 
unions  disbanded;  151  suspended;  five  joined  internationals; 
and  the  charters  of  two  were  revoked.  Of  federal  trad'.-  unions 
fourteen  were  disbanded;  fifty-four  were  suspended  and  tnree 
joined  internationals. 

The  net  gains  made  by  the  Federation  do  not  indicate  by 
any  means  the  extent  of  the  changes  either  in  the  numbers  or  in 
the  variety  of  the  associations.  The  report  for  1914  contains 
the  following  table  which  sums  up  the  work  of  the  ofl&cials  in  the 
matter  of  charters. 

CHARTERS  ISSUED    18Q7-1914 

Trade  Federal 

Year       InUrnaliortais  Departments  Slate  Central        Unions  Unions  Total 

1897 8  a  18  154  35  "7 

i8q8 9  O  la  129  S3  203 

1899 9  1  35  303  wi  449 

1900 14  S  96  484  250  849 

1901 7  4  193  575  207  916 

1902 14  6  127  598  279  1,024 

1903 20  3  171  743  396  1,333 

1904 II  5  99  179  149  443 

1905 3  1  67  143  73  387 

1906 6  4  S3  167  87  317 

1907 3  1  72  204  93  373 

1908 o  3     4  73  100  55  234 

1909 3  2     2  40  77  52  176 

1910 2  o             I  83  152  96  334 

1911 3  o             o  61  207  55  326 

1912 2  I             2  57  149  49  260 

1913 2  I  63  197  59  322 

1914 2  r  44  128  so  22s 

That  the  Federation  is  making  the  larger  gains  is  at  once  ap- 
parent from  a  brief  comparison.  The  gain  for  the  last  year 
credited  to  the  Federation  is  225,859  and  to  the  unaffiliated 
unions  it  is  2,307.    According  to  these  figures  the  Federation 

~1  ^  C^. r^.-.*.    Ann^     ^»f    fVk.i    f^N4-.^l     ^»oi»-»     f^-\i.    fl^o    iron,"  Turtle     1 1  frro 

oU.:;  v,i^i;ii  yy  j-rux    v.-:;i  \ji    ■.:i-    •.•-■■-.i:  r^-~---    ■■■■    ■  ■■•     -•  ■■■  f,- 

share  of  gain  is  due  to  the  fact  that  a  number  of  independent 


TRADE  UNION  STATISTICS 


133 


unions  either  affiliated  with  the  American  Federation  of  Labor 
during  the  year  or  were  amalgamated  with  unions  that  were 
already  affiliated,  while  some  of  the  independent  associations 
disbanded.  Especially  large  gains  were  made  by  some  of  the 
affiliated  unions.  The  Mine  Workers,  for  which  John  Mitchell 
claims  the  most  rapid  growth  "of  any  trade  union  in  the  history 
of  the  world,"  increased  by  103,800.  The  Ladies  Garment 
Workers  added  20,400;  the  Carpenters  and  Joiners,  18,400;  and 
the  United  Garment  Workers,  12,100. 

The  comparison  of  the  numbers  in  the  larger  unions  and  in 
the  smaller  leads  to  the  question  of  equity  when  these  unions 
are  federated.  Are  the  smaller  unions  outvoted  by  the  superior 
voting  strength  of  the  larger?  Do  they  fear  any  such  result?  _ 
Comparing  the  voting  strength  of  the  unions  that  are  affili- 
ated in  the  American  Federation  of  Labor  it  appears  that  there 
is  a  wide  variation.  One  union  has  3,345  votes  and  as  many  as 
three  have  but  one  vote  each.  The  second  largest  union  has 
2,128  votes  while  two  unions  have  two  votes  each. 
'  Arranging  the  unions  on  the  basis  of  their  voting  strength  in 
the  Federation,  it  appears  that 


ions 

Have  Volts 

Tol,il  Voles  of  Ike  Group 

18 

from 

1  lo    g    inclusive 

74 

16 

" 

10  to  19 

(t 

202 

7 

(( 

20  to  2Q 

it 

187 

8 

a 

30  to  39 

u 

27s 

6 

11 

40  to  49 

u 

262 

3 

(( 

50  to  59 

it 

162 

5 

i( 

60  to  69 

.< 

318 

a 

<t 

70  to  79 

it 

ISO 

X 

a 

80  to  89 

t< 

8S 

4 

li 

90  to  99 

ti 

387 

70 

ii 

I  to  99 

ti 

2,102 

16 

it 

ic»  to  199 

(( 

2.342 

6 

11 

200  to  299 

t( 

1.543 

4 

n 

300  to  399 

if 

1,401 

X 

it 

4CX)  to  499 

it 

400 

6 

it 

500  to  599 

ft 

3,260 

3 

ti 

600  to  699 

ti 

1,906 

3 

'•' 

yo(j  tO  y<j9 

it 

1 ,4V" 

134    AX  INTROUUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

From  this  table  it  appears  that  a  combination  of  the  two 
largest  groups  of  votes  would  total  5,473  of  the  21,185  votes  of 
the  convention.  The  total  vote  of  the  eleven  largest  unions  is 
11,126.  The  number  of  votes  in  the  convention  necessarv-  to  a 
majority  is  10,593.  This  includes  the  votes  cast  by  the  centrals, 
locals  and  state  branches,  1,260  votes  in  all.  If  this  last  group  be 
left  out  of  consideration,  the  total  vote  of  the  unions  alone  is 
i9,Q25  with  9,963  as  a  majority.  The  nine  largest  unions  in  the 
Federation  have  a  total  voting  strength  of  10,061. 

As  in  this  group  of  eleven  large  unions  there  are  rival  interests 
as  well  as  community  interests,  the  probability  of  their  combining 
against  the  small  ones  is  rather  remote.  The  group  consists  of 
the  United  Mine  Workers  of  America  (3,345  votes);  the  Brother- 
hood of  Carpenters  and  Joiners  (2,128  votes);  the  Association 
of  Machinists  (754  votes);  the  Brotherhood  of  Painters,  Decora- 
tors and  Paper  Hangers  (744  votes);  the  United  Garment 
Workers  (607  votes) ;  the  Ladies  Garment  W^orkers  (699  votes) ; 
the  Federation  of  Musicians  (600  votes);  the  Typographical 
Union  (594  votes);  the  Hotel  and  Restaurant  Employees  (590 
votes) ;  the  United  Brewery  Workers  (520  votes) ;  the  Association 
of  Street  and  Electric  Railway  Employees  (545  votes).  This 
group  does  not  appear  to  have  interests  sufficiently  unlike  those 
of  the  smaller  unions  and  at  the  same  time  of  common  impor- 
tance to  themselves  to  cause  any  immediate  danger.  Yet  it  is 
evident  as  a  practical  matter  that  the  larger  unions  are  in  a 
position  to  wield  by  far  the  greater  influence  in  determining 
the  policies  of  the  American  Federation  of  Labor. 


CHAPTER  IX 


WOMEN  AND   UNIONISM 

There  arc  very  good  reasons  for  considering  the  relations  of 
women  to  the  labor  movement  as  a  separate  topic.  While 
theoretically  the  v/elfare  of  laborers  is  a  question  broader  than 
sex  lines,  as  broad  as  labor  itself,  the  methods  of  work,  the 
purposes  and  spirit  vary  with  sex  as  they  do  with  trades,  na- 
tionality or  territorial  sections. 

Women  in  Industry.  —  It  must  not  be  supposed  that  the 
presence  of  women  in  the  union  movement  is  novel.     Women 
in  industr>'  is  a  phenomenon  much  older  than  is  popularly 
supposed.     In  .\merica  women  in  unionism  is  in  fact  about 
as  old  as  is  unionism  itself.     In  the  period  prior  to  the  Civil 
War  women  were  appearing  in  one  industry  after  another. 
For  those  who  insist  that  the  American  labor  movement  had 
its  beginning  in   1825,  the  beginning  of  organization  among 
women  would  be  fixed  by  the  same  date.    This  should  be  taken 
to  mean  that  women  wage  earners  were  a  faaor  in  industry, 
that  they  were  assembling  in  organizations,  asserting  demands 
and  even  enforcing  them  by  strikes.     Records  reveal  during 
the  first  third  of  the  nineteenth  century  the  existence  of  unions 
among  tailoresses,  seamstresses  and  other  needlewomen,  cotton 
mill  girls,  women  in  book  binderies,  in  boot  and  shoe  factories, 
and  in  other  trades  open  to  women.     These  organizations  were 
active  and  often  successful  in  gaining  their  ends. 

Condition  of  Early  Unionism.  —  The  description  of  the  un- 
ionism of  this  early  period  given  in  a  former  chapter  will  serve 
to  recall  many  of  the  conditions  of  these  years.  Many  organi- 
zations of  women,  transient  in  nature,  were  formed.  They 
were  turbulent  or  peaceful  according  to  the  character  of  the 
membership.  Their  immediate  objects  once  attained,  they 
either  disintegrated  or  reorganized  on  the  lines  of  some  broader 
reform  movement,  tending  toward  the  political  activity  of  the 

■^f  wnmen   in   the   movement  was,   of 


13s 


Ijf)    AN  INTkODUrriON  TO  STUDY  OF  ORGANIZED  LABOR 

course,  new  and  in  the  growing  mill  town',  of  New  P^ngland 
somewhat  perversive  of  puritan  traditions  iJaughlers  of  real 
New  Kngland  stock,  woriiing  in  factories,  living  in  boarding 
houses,  dissatisfied  with  wages  or  hours  of  labor,  organizing, 
drafting  resolutions,  adv)pting  constitutions,  going  on  strike, 
marching  the  streets  in  parades  of  hundreds,  singing  their 
extemporized  songs  and  shouting  their  dep-inds,  must  have 
startled  the  (]uiet  towns  so  new  to  milling  life.  The  editor  who 
exclaimed  "What  next!"  must  have  voiced  the  feeling  of  most 
of  his  readers. 

Early  Strikers.  —  The  records  of  these  early  years  are  well 
stocked  with  accounts  of  strikes  among  women  workers.  Be- 
ginning in  1825  with  a  protective  organization  among  tailoresses 
in  New  York,  the  number  multiplies  and  spreads  to  New  Hamp- 
shire, Massachusetts,  New  Jersey,  Maryland,  and  Pennsyl- 
vania. It  appears  that  practically  all  these  strikes  were  for 
increase  of  wages,  shorter  hours  of  labor  or  im|)roved  conditions. 
The  public  took  an  active  interest  in  the  events,  and  the  discus- 
sions of  the  period  are  interesting  as  well  as  instructive.  As  a 
writer  in  the  Mechanics'  F'ree  Press  said  regarding  a  strike  of 
mill  girls  in  Dover,  N.  H.,  in  iS2q  the  strike  "formed  the  sub- 
ject of  a  squib,  probably  for  half  the  newspapers  from  Maine 
to  Georgia.  The  circumstance  of  three  or  four  hundred  girls 
or  women  marching  out  of  their  factor>'  in  a  procession  and 
firing  olT  a  lot  of  gunpowder,  and  the  facetious  advertisement 
of  the  factory  agent  for  two  or  three  hundred  better  behaved 
women  made,  altogeth  r,  a  comical  stor>-  quite  worth  telling." 

In  1836  the  girls  of  the  Lowell  mills  struck  because  of  the 
increasing  cost  of  living.  In  the  earlier  years  of  milling  the 
corporations  of  necessity  provided  the  boarding  houses.  The 
price  of  board  was  advanced  from  $5  to  $5.50  a  month  because 
of  an  advance  in  cost  of  provisions.  This  increase  the  women 
insisted  was  equivalent  to  a  reduction  in  wages.  Thus  early 
came  the  question  of  the  relation  of  wages  to  cost  of  living. 
Resisting  the  paternalistic  management  of  the  Lowell  employers 
who  undertook  to  regulate  the  lives  of  employees,  a  Factory 
Girls'  Association  was  formed  numbering  2,500  members.  It 
appointed  officials  through  whom  they  would  communicate 
with  employers.  "As  our  fathers  resisted  unto  blood  the  lordly 
avarice  of  the  British  Ministry,  '  declared  these  mill  girls,  "so 


WOMKN  AM)  UNIONISM 


1,57 


WO,  their  dauphtcrs,  never  will  wear  the  yoke  which  has  been 
prepared  for  us." 

There  were  duririR  this  early  period  instances  in  which  these 
associations  were  more  permanent  than  the  local  strike  which 
occasioned  them.  The  National  Trades  Union  had  its  Commit- 
tee on  Female  l.ahor  which  wa^^  active  in  looking  after  the  work 
assigned  to  it.  In  New  \'ork  there  was  the  Unitetl  I'ailoresses' 
Society  which  had  some  energetic  women  ofBcials.  At  Lynn, 
Mass.,  women  sh<  .-hinders  about  one  thousand  in  number  forme«l 
The  Female  Society  of  Lynn  and  Vicinity  for  the  Protection 
and  Promotion  of  Female  Industry.  I'hiladelphia  had  its  As- 
scKiation  of  Shoebinders  and  Corders  with  its  membership  of 
several  hundred  women. 

National  Ideals.  -  FollowinR  the  lead  of  the  men's  unions 
durinR  the  later  vears  of  this  prc-Civil  War  pericxl.  these  or- 
ganizations  became   interested   in   the   broader    humanitarian 
ideals  of  the  time.    The  shorter  working  day  and  better  working 
conditions  became  more  closely  related  to  the  expanding  suflrage, 
greater  political  activity,  slaver>'  agitation,  women's  suffrage 
and  the  other  movements  of  this  remarkable  reform  period. 
The  New  England  Workingmen's  Association  was  made  up  of 
women  as  well  as  men  delegates,  coming  from  various  reform 
as  well  as  trade  organizations.     These  women  took  a  leading 
part  in  the  work  of  the  convention.     Because  of  this,  in  1846, 
the  name  was  changed  to  the  New   England   Labor   Reform 
League.     Two  women  were  chosen  among  the  seven  members  of 
the  executive  committee.     On  another  important  committee 
of  eight,  three  were  women.    In  1845  was  formed  the  National 
Industrial  Congress.     This  led  to  a  series  of  congresses  that 
continued  for  ten  years.     By  its  constitution  members  were 
elected  by  associations  of  men  and  women  which  adopted  its 
principles.    This  organization  soon  became  interested  in  larger 
questions  of  reform  and  did  not  limit  itself  to  problems  of  labor. 
Permanent  Organizations.—  A    trike  and  agitation  among 
cotton  mill  operatives  in  Lowell,  Mass.,  in  1845  led  to  the  forma- 
tion of  the  Lowell  Female  Labor  Reform  Association.     The 
leadership  was  energetic  and  the  work  of  the  associaLion  com- 
manded attention.    This  organization  stated  in  Its  constitution 
that  it  "disapproved  of  all  hostile  measures,  strikes  and  turn- 

..       .1  T       ...... .n    ..)->(M-ti\ro      nnrt    tVipn    it    IS 


I  VS      \N    IM  KODIC  TION  K)  STIDV  OF  ()R(i.\M/I  I)  I.AHOR 


|l    i 


thr  imiu'rious  duty  of  every  one  to  assert  and  maintain  that 
independence  which  our  brave  ancestors  l)ei|ueathe(i  us  and 
sealed  with  their  IjIcmhI.  "  OwinR  to  the  activity  of  the  associa- 
tion's olTicials  the  Massachusetts  legi-lature  was  appealed  to 
and  in\esti>,'ations  were  made  into  the  labor  conditions  of  the 
textile  industry.  To  these  women  orticiais  has  been  k'^^'"  'he 
credit  of  creatinjj  the  favorable  public  sentiment  and  starting  the 
investigations  and  reforms  that  began  the  series  of  [>rolecti\e 
legislative  measures  in  which  Massachusetts  has  for  so  many  yiars 
led  the  way.  Through  the  further  activity  of  this  reform  associa- 
tion a  P'emale  Department  was  maintained  for  several  months 
in  the  Lowell  Voice  of  Industrj-,  a  leatling  labor  weekly  paper. 
Later  the  women  purchased  the  paper  and  continued  its  pub- 
lication as  a  labor  paper.  After  two  years  of  activity  the  as- 
sociation changed  its  name  to  the  Lowell  Female  Industrial 
Reform  and  Mutual  Aid  Society.  Fees  v  tre  raised  and  a  sick 
fund  established. 

Following  the  Lowell  model  the  women  of  Manchester,  N.  H., 
formed  the  Female  Labor  Association  of  Manchester,  which 
had  a  membership  of  about  three  nundred  and  was  characterized 
by  energet'c  and  a^^gressive  action. 

Outside  of  New  England  the  prir.cipal  organizations  were 
the  Female  Industrial  Association  of  New  York  and  the  Indus- 
trial Union  of  Philadelphia.  Like  their  New  England  sisters 
these  associations  had  practical  difficulties  to  deal  with  and 
they  sought  to  meet  them  in  much  the  same  way. 

The  pre-Civil  War  period  for  the  women  as  for  the  men  tells 
the  story  of  disconnected  and  unrelated  effort.  There  were 
organiza*ions  and  associations,  strikes  and  turbulence,  vic- 
tories and  defeats.  But  there  was  no  movement.  The  trade 
as  a  stratum  in  industrj'  had  not  appeareci  as  a  permane-.t 
alignment.  For  this  reason  the  organizations  that  were  formed 
lacked  permanency  and  specific  purpose. 

Character  of  Early  Period.  —  Of  this  period  the  character- 
istic features  may  be  stated  briefly.  The  strikes  apparently  did 
not  break  out  until  a  point  of  desperation  had  been  reached. 
These  led  to  a  degree  of  persistence  and  turbulence  that  early 
secured  for  women  the  reputation  oi  "good  strikers."  Demon- 
trations  were  prominent  and  often  boisterous.  Street  parades, 
louiulioiis  scaucieu  uiuauca.sL,  puenis  and  songs,  protest  meet- 


WdMI.N  AND  I  MONISM 


IJi^ 


iriK'^  in  the  open,  placards,  and  even  more  noisy  aKfntii's  wtrt- 
used  to  attract  attention  an(1  testify  to  dettrmination.  Winn 
these  strikes  were  lost  the  defeat  was  but  teni|)orary.  A  few- 
weeks  or  a  few  months  and  the  women  returned  to  the  li«ht 
with  renewed  vipor. 

The  public  and  the  press  were  divided  on  the  issues,  (hivalry 
brought  some  to  the  women's  support  who  otherwi>e  would 
have  sided  with  the  employer.  The  ideas  of  freedom  emlxKlied 
in  the  oratorical  expressions  of  Revolutionar>-  days  were  freely 
used  and  often  effectively.  Vet  on  the  other  side  were  the 
ideals  of  home,  of  the  sanctity  of  woman's  character,  of  the 
importance  to  the  coming  generations  of  preserving  the  wom- 
anly virtues.  In  the  interests  of  these  ideals  it  seemed  unwom- 
anly to  strike. 

Later  Period.  —  With  the  period  following  the  Civil  War 
came  the  development  of  the  trade  unions  into  the  nationals 
as  they  are  known  to-day,  and  the  Knights  of  Labor.  These 
new  forms  of  union  organization  found  women  already  entenng 
many  trades  and  their  unions  in  many  cases  very  much  alive.  Yet 
but  few  of  the  national  trade  unions  aamitted  women  to  member- 
ship. Of  the  thirty  or  more  that  existed  during  the  years  from 
i860  to  1875,  only  two  extended  their  membership  privileges 
to  women  of  the  trade.  These  were  the  printers  and  the  cigar 
makers.  Yet  women  did  not  cease  to  push  their  own  mterests. 
Women  shoemakers  formed  themselves  into  a  national  union 
under  the  name.  Daughters  of  St.  Crispin,  in  1869.  They 
were  guided  by  the  Knights  of  St.  Crispin,  one  of  the  strongest 
unions  of  the  time.  They  had  twenty-four  locals,  or  lodges, 
most  of  which  were  in  Massachusetts.  Maine,  New  Hampshire, 
New  York,  Pennsylvania,  Ohio,  Illinois,  Wisconsin,  and  Cali- 
fornia were  also  represented.  This  union  was  conspicuous  for 
a  time  as  an  exception  rather  than  as  a  type.  The  locals  con- 
tinued to  represent  the  women  in  the  various  center"  of  industry. 

The  Cigar  Trade.  —  In  the  cigar  trade  the  women  were  at 
first  organized  locally  and  in  unions  of  their  own.  These  were 
active  unionists  and  hated  the  "rat  girls"  with  true  union  hatred. 
By  1867,  the  Cigar  Makers  Union  came  to  the  conclusion, 
after  its  three  years  of  life,  that  women  must  be  admitted  to 
membership.  Further  e.xperience  of  strikes  being  bro'-en  by 
poorly  paid  women  workers  convinced  thus  Uiuou  lual  more 


I40    AN  INrkODLCTUA-    H)  STUDY  Ol'  OkC.ANlZKO  LABOR 

enersflic  mcusures  were  necessary.  In  187 1  special  action 
was  taken  i.i  convention  to  jjush  the  organization  among  the 
women  workers.  C)i)|)osition  continued,  however,  in  some  quar- 
ters. In  1S77  a  Cincinnati  union  struck  against  the  women  and 
for  a  long  time  held  out  against  the  provisions  of  the  constitution 
of  the  international.  The  trade  proved  easy  for  women  to 
learn,  and  many  immigrant  women  had  learned  it  before  com- 
ing to  .-Xmerica.  The  employer  was  ([uick  to  seize  the  advantage. 
The  union  was  slow  to  see  the  importance  of  unionizing  the 
whole  trade.  The  shock  of  awakening  came  when  an  employer 
secured  women  to  break  a  strike  and  advertised  on  the  bo.NCS 
of  his  product:  "cigars  made  by  American  girls."  Necessity 
finally  forced  the  decision.  By  iSSo  female  cigar  makers  were 
at  work  in  large  numbers.  It  l)ecame  not  a  question  of  choice, 
whether  the  union  men  shou'd  or  should  not  extend  the  [)riv- 
ileges  of  unionism  to  the  women.  Self-preservation  demanded 
that  it  should  be  done  and  it  was  done.  American  girls  must 
be  admitted  and  foreigners  with  them.  As  an  officer  tersely 
said:  "It  is  better  to  have  them  with  us  than  against  us." 

The  Printing  Trade.—  In  the  j)rinting  trade  there  is  v 
much  the  same  stor>  The  union  printers  were  opposed  to  t^c 
entrance  of  women  into  the  trade.  Yet  women  were  learning 
the  trade.  They  could  not  do  so  by  the  regular  apprenticeship 
methcxl,  but  with  the  encouragement  of  employers  they  "stole" 
it  and  acfjuired  sufticient  skill  to  do  the  work.  They  at  first 
formed  their  own  unions.  When  in  the  unions  they  were  loyal; 
but  most  of  them  were  non-union  and  would  take  work  at 
much  lower  wages  than  were  paid  to  men.  Realizing  the  dan- 
gers the  male  unionist  first  began  to  encourage  and  assist 
women  to  form  unions.  They  hired  halls,  furnished  necessary 
sut)plics,  and  paid  all  exi)enses  necessary  to  start  a  woman's 
union.  But  this  was  not  the  end.  The  regular  unions  of  men 
began  to  receive  applications  for  membership  from  women. 
In  1869  the  unions  one  at  a  time  began  to  receive  them.  The 
reasons  for  the  change  are  clear  enough.  As  with  the  cigar 
makers,  it  was  self-protection.  Their  admission  was  coupled 
with  demands  tor  ecjual  pay  for  equal  work  and  insisting  that 
women  unionists  must  demand  the  union  scale. 

In  other  trades  confusion  still  dominated.     The  industries 


WOMEN  AND  UNIONISM 


141 


not  clearly  enough  distinguished  to  make  possible  anything 
more  than  transient  local  effort. 

The  Knights  of  Labor.  —  With  the  appearance  of  the 
Knights  of  Labor  a  new  spirit  prevailed.  It  will  be  remembered 
that  the  struggles  of  the  former  years  were  around  two  principles. 
One  was  that  of  trade  interest  and  of  rivalry  with  employer 
only  within  the  trade  area.  This  did  not  afford  a  positive 
platfurm  upon  which  the  men  unionists  could  stand  and  urge 
the  organization  of  all  working  women.  The  other  principle 
was  the  broadly  humanitarian  idealism  that  reached  well  into 
the  clouds  but  did  not  rest  upon  the  ground.  It  led  to  no  solidly 
jwactical  results.  It  was  for  the  Knights  of  Labor  to  attempt 
to  find  a  working  program  that  could  rest  upon  both  of  these 
principles.  The  spirit  of  this  organization  has  already  been 
noticed.  Its  principle,  an  injury  to  one  is  the  concern  of  all, 
was  an  ideal  that  was  to  be  taken  literally.  It  began  with 
calling  for  the  abolition  of  the  labor  of  children  and  for 
equal  pay  for  eqv  '  work  for  both  sexes. 

Women  were  acL..itted  to  membership  in  the  Knights  of  Labor 
in  188 1.  Both  as  separate  and  in  mixed  locals  the  membership 
of  women  increased  rapidly.  The  1885  convention  provided  for 
a  specia'  committee  of  women  to  investigate  conditions  of 
women's  work.  At  a  later  convention  all  of  the  sixteen  women 
delegates  were  appointed  a  special  committee  to  promote  the 
interests  of  the  women.  Investigation  showed  women  to  be 
poorly  organized  generally,  with  hard  work,  long  hours  and  low 
pay.  The  cause  of  their  lack  of  interest  in  organization  was  re- 
ported as  "largely  due  to  their  own  ignorance  of  the  importance 
of  the  step,  yet  much  blame  can  be  attached  to  the  neglect  and 
indifference  of  their  brother  toilers."  For  the  first  time  sys- 
tematic work  was  undertaken  in  this  field.  The  investigator  was 
made  a  general  officer  of  the  Knights  and  given  a  free  hand  to 
push  the  work.  Cities  were  visited  and  interest  aroused  in  the 
unions.  Circu  s  were  sent  out  and  information  furnished 
wherever  need  .,  The  female  membership  of  the  Knights  was 
raised  in  a  few  months  by  a  number  probably  between  ii.oco 
and  12,000  representing  about  thirty  different  trades.  For  four 
years  the  organizing  and  educating  work  was  energetically  and 
svstem.aticallv  carried  on.  Then  came  the  leaner  years  of  the 
knights  of  Labor.    Membership  was  shrinking.    The  treasury 


lit 


142    AN  INTRODUCTION  TO  STUDV  OF  ORGANIZED  LABOR 

was  low.  With  the  general  waning  of  interest  came  the  decline 
in  the  work  of  the  women's  department.  Finally  the  energetic 
field  organizer  and  general  officer  married  and  withdrew  from  the 
"field  of  industrial  life  to  the  quiet  and  comfort  of  a  home." 
The  position  was  offered  to  the  one  sole  woman  delegate  at  the 
convention  of  1890.  Upon  her  declining  to  accept  the  office  the 
woman's  department  of  the  Knights  of  Labor  came  to  an  end. 
It  is  idle  to  present  figures  of  membership  during  this  period. 
Reports  were  irregular  and  incomplete.  It  is  estimated  that 
the  largest  membership  was  about  50,000. 

The  American  Federation  of  Labor. —  The  work  of  the 
Knights  of  Labor  was  not  lost  even  though  the  order  itself  de- 
clined in  influence.    The  strengthening  of  the  national  unions  in 
the  variouii  trades  and  the  rise  of  the  American  Federation  of  La- 
bor brought  to  the  front  again  an  active  interest  in  the  women. 
From  the  first  the  American  Federation  committed  itself  to  the 
policy  of  organizing  women  workers.    In  1885  it  was  resolved 
in  convention  to  "call  upon  and  advise  working  women  of 
this  country  to  protect  themselves  by  organizing  into  unions 
of  their  respective  trades  and  callings"  and  further  the  legisla- 
tive committee  was  pledged  to  render  assistance  whenever  pos- 
sible.   Again  in  these  early  years  the  president  of  the  Federation 
urged  that  "first  and  foremost  we  should  bend  our  energies  to 
the  organization  of  laboring  women  in  trade  unions."     This 
should  be  done  in  order  that  girls  and  women  "may  learn  the 
stern  fact  that  if  they  desire  to  achieve  any  improvement  in 
their  condition  it  must  be  through  their  own  self-assertion  in 
the  local  union."     Later  a  res, 'ution  was  favorably  received 
calling  for  the  appointment  of  women  organizers  to  confine  their 
attention  especially  to  pushing  the  formation  of  unions  among 
their  own  sex.    Though  this  was  the  opinion  definitely  expressed 
in   the   conventions,    the   e.xecutive   council   did   not   respond 
promptly  and  the  matter  of  getting  these  organizers  into  the 
field  proceeded  slowly.    Though  so  definitely  committed  to  the 
policy  in  a  general  way  the  practical  side  was  not  pushed  with 
vigor,  only  occasionally  was  an  organizer  actually  appointed 
and  then  the  work  was  limited  to  a  few  months.    More  recently 
the  work  has  gone  forward  with  greater  energy. 

fu^s  'M'«4-;/>r!<>i  Wrsmsr.'p.  Trade  Union  League-  —  At  the 
1903  convention  a  new  departure  was  undertaken.    It  took  the 


WOMEN  AND  UNIONISM 


143 


form  of  a  National  Women's  Trade  Union  League  and  was  to 
include  in  its  membership  all  working  women  whether  in  trade 
unions  or  not;  and  also  all  women  who  sympathized  with  the  or- 
ganization movement  though  themselves  not  of  the  "ranks  of 
labor."  One  other  organization  should  be  named  in  this  connec- 
tion. The  Women's  International  Union  Label  League,  organized 
in  1899,  has  been  active  in  pushing  the  interests  of  the  union  la- 
bel. Its  objects  are  somewhat  broader  than  those  of  the  Women's 
Trade  Union  League,  yet  their  relation  to  the  unionizing  move- 
ment among  women  is  very  real.  It  has  stood  for  the  encourage- 
ment of  union-made  goods,  the  universal  eight-hour  day,  equal 
pay  for  equal  work  regardless  of  sex,  early  closing  and  Sunday 
closing,  sustaining  fair  employers,  and  in  general  any  movements 
related  to  these.  The  more  direct  work  of  this  league  has  been 
in  connection  with  the  union  label.  Its  membership  includes 
not  only  women  members  of  trade  unions,  but  the  wives  and 
daughters  of  unionists  also.  These  two  organizations  in  par- 
ticular have  been  working  in  close  cooperation  with  the  Amer- 
ican Federation  u.  Labor.  They  are  represented  by  delegates 
at  the  Federation's  annual  conventions  and  a  close  cooperation 
is  maintained  in  the  organizing  work. 

The  Nationals.  —  It  appears  from  the  records  to  be  the 
present  policy  of  the  Federation  to  push  the  work  of  organiza- 
tion among  women  largely  through  these  associations  and 
through  the  affiliated  national  trade  unions.  Among  them  the 
field  is  covered.  In  the  addresses  of  the  president  the  work  is 
referred  to  and  the  delegates  are  strongly  urged  to  have  women 
organizers  put  into  the  field  by  their  respective  nationals,  es- 
pecially by  those  in  trades  where  women  are  entering  m  large 
numbers.  In  1913  and  the  year  following  special  assessments 
were  levied  the  proceeds  of  which  were  to  be  used  in  assistmg 
the  Women's  Trade  Union  League  in  furthering  its  work. 

Work  of  the  Women's  Trade  Union  League.  —  This  one 
cent  assessment  for  the  first  year  to  organize  women  workers  led 
to  the  expenditure,  between  the  last  of  February  and  the  first 
of  October,  1914,  of  $10,857.  Eighteen  organizers  were  put 
into  the  field  of  whom  five  were  women.  The  work  was 
done  largely  in  the  New  England  field  (except  Ve-mont);  in 
New  York,  New  Jersey  and  Pennsylvania;  and  in  the  Carolinas, 
Georgia  and  Alabama;  these  sections  being  the  centers  of  the 


.„     VN  .STKUULCU.N  TO  STH-V  OK  ORCANIZKU  LABOR 

the  outbreak  of  ^^ar      ^  ^e  v^°  ^^^^.  li^^ed  way,  the 

rrS:;j^nfrotana.e  ^u^s  that^e  -^ 

\rSoJeXTortr ^IneTh^iu"^^^  I^ wl  spent 
fa  the  vTk     Effor  swere  made  particularly  among  garmen 
workers  texUle  workers,  manufacturers  of  electr.c  supphes  and 
i;il  vtSkers.    The  textile  workers  agam  recened  the  greater 

Tnt;  Xulrm  and  as  equipped  for  carrying  forward  this 

S  YoTchfca  o^t    Louis,  Springfield,  111.,  Kansas  C.ty 
mT,  Baltimore,  Denver,  and  Philadelphia)   ^o^yj-  --^. 
laree  the  lUinois  State  Committee,  and  the  ^os  Angeles  com 

See  of  the  National  Women's  ^^^^^-^  ^.J^frfedet  '- 
filiated  directly  are  six  international  unions,  fnt  state  leaera 
t^nl  of  laboi.'twenty  central  labor  bodies,  one  local  union  and 
one  trades  council  auxular^^  ^^^^^ 

Thp  nresident  has  lust  issued  a  can     lo  mt.  /,^- 
woTkerrfn  the  United  States,  nearly  half  of  whom  are  unde 
ZXZ  years  of  age,"  to  organize  ^-  ^^^ter  condi Uo^s  o 
labor  and  lo  become  affiliated  with  the  \\ omens  Trade  Lnon 
league  and  the  American  Federation  of  Labor     Thus  is  tne 
torkbefng  vigorously  pushed  in  accordance  with  the  coopera- 
tivp  nolicv  of  these  two  organizations.  ,   »     i^ 

Resu  is  0   Uie  Efiorts.  ~-  In  the  unionizing  work,  each  tmde 
ha^hTpecoiar  prohlems,  its  successes  and  failures  .he  de  a,  s 

Attitude  of  Uriion  Men.  -  The  attitude  ot  umon  men  ha. 

;^rt^uu::i:^"o";::iSe:[t;i^»raii;:,i»u.h 


WOMEN  AND  UNIONISM 


145 


it  is  manifested  in  a  different  way.    If  it  was  a  case  where  women 
were  just  beginning  to  enter  the  trade,  they  were  opposed  by 
the  men.    To  organize  them  would  be  to  encourage  their  per- 
manency as  rivals.    As  in  one  trade  after  another  the  women 
came  in  ever  increasing  numbers  and  became  established,  the 
opposition  was  reluctantly  withdrawn.    It  slowly  gave  way  to 
a  more  or  less  spontaneous  enthusiasm  for  their  organization. 
At  first  the  opposition  was  so  pronounced  that  the  men  in  some 
trades,  as  the  tailors  in  1819  and  again  in  1835,  either  went  on 
strike  or  flatly  refused  to  work  for  employers  who  gave  work  to 
women.    These  early  days  saw  similar  trouble  with  bookbinders, 
shoe  workers,  and  cotton  mill  hands  as  well  as  in  other  trades. 
As  the  rivalry  of  women  workers  appeared  inevitable  the  alterna- 
tive was  to  unionize  them.     This  slow  change  the  men  have 
been  ma  ang  as  gracefully  as  possible  until  at  present  the  ad- 
mission of  women  to  the  trades  is  taken  as  a  fact.    This  has 
settled  the  matter  of  organizing  and  the  work  is  being  pushed 
and  encouraged  by  the  men  themselves.    At  the  19 14  conven- 
tion of  the  Federation  a  resolution  was  introduced  in  which  it 
was  resolved  "that  we  do  our  very  utmost  to  restore  individual, 
social,  and  racial  health  by  restoring  the  women  to  the  home 
and  the  children  to  the  school  and  to  such  play  as  shaU  help 
them  to  grow  up  and  become  efficient  men  and  women."    As 
this  came  from  the  resolutions  committee  and  was  finally  adopted 
by  the  Federation,  it  was  resolved  to  restore  health  "by  mak- 
ing the  employment  of  women  as  congenial  as  possible  and  by 
sending  children"  to  the  school  and  playground.     The  dis- 
cussion revealed  two  reasons  for  thr  change.    The  convention 
realized  that  it  could  not  by  mere  resolution  take  women  out 
of  industry.     They  are  in  industry  to  stay.     Even  if  it  were 
possible  to  do  this,  the  convention  realized  the  pertinency  of 
the  question:  what  would  become  of  those  who  are  dependent 
upon  industry  and  have  no  homes?    The  voting  sense  of  the 
convention  recognized  the  inevitable.    The  same  idea  appears 
in  the  comment  made  bv  the  president  at  the  same  convention: 
"More  and  more  it  is  realized  that  women  do  not  live  apart 
from  the  political,  social  and  economic  organization  of  society, 
but  that  they  are  responsible  members  and  shoul  '  share  in  its 
K,..-,j«-.c   -.nH  rnntrih'.ite  to  its  nnii/ress.    What  has  been  done 
hi*  organization  this  year  is  a  mere  beginning  whose  results  are 


140   AN  iMk(jinrn()N  ro  study  ok  ()k(;.\NT/i;i)  lador 

not  yet  appreciahk-.  The  work  should  be  continued  willi  un- 
remitting vi^or.  Women  wage  earners  must  be  organized  or 
they  will  retard  the  progress  of  all  organization."  S{)eaking 
of  the  economic  dependence  of  women  the  more  recent  attitude 
of  the  Federation  aj)pears  in  the  statement  of  the  report  of  the 
Executive  Council  at  the  1Q15  convention.  "There  are  often 
many  criticisms  advanced  that  women  do  not  understand  the 
spirit  and  the  methods  of  collective  actii)n  of  organization  in 
trade  unions,  and  that  therefore  they  cannot  protect  themselves 
through  economic  organizations.  Again  and  again  this  asser- 
tion has  been  proved  false.  Women  can  be  organized,  they 
can  and  do  understand  the  principles  of  trade  unionism,  and 
they  are  able  and  willing  to  fight  for  the  cause." 

Attitude  of  Women.  —  While  the  attitude  of  men  has  finally 
become  positively  aggressive  and  no  longer  constitutes  a  serious 
obstacle  to  the  spread  of  organization,  it  cannot  be  said  that  all 
difficulties  have  been  removed.    The  women  themselves  are  in 
a  sense  their  own  handicap.    This  fact  appears  evident  from  any 
careful  analysis.    In  tlie  first  place  women  as  a  class  may  have 
become  permanently  industrialized  but  the  same  is  not  true 
of  the  individuals.    Marriage  is  looked  forward  to  with  more  or 
less  definiteness.    This  may  not  afTect  the  situation  where  women 
continue  to  work  at  a  trade  after  marriage,  but  these  are  rela- 
tively unimportant.     The  prospect  to  the  single  working  girl 
is  marriage  and  a  home  life.    Though  not  always  realized,  it  is 
important  while  as  a  prospect  it  continues.     Because  of  this 
they  care  less  for  organization  and  the  sacrifices  necessary  to 
maintain  it.     For  the  same  reason  the  wages  are  not  of  such 
importance.     Low  wages  help  out  and  no  part  of  them  seems 
necessary  to  provide  for  the  future.    They  become  even  more 
anxious  to  escape  the  conditions  of  low-paid  labor  than  to  im- 
prove them.     Unionism  offers  a  present  sacrifice  for  a  future 
benefit.    The  working  girl  appears  unwilling  to  make  the  sacri- 
fice.   It  is  even  claimed  that  successful  unions  are  a  detriment 
to  permanency  of  organization.    The  ends  sought  are  immediate. 
If  these  ends  are  attained,  the  organization  goes  to  pieces,  leav- 
ing a  serious  wreckage  in  the  way  of  forming  another  union  in 

the  futu'e. 

Again  it  is  claimed   that   the  youthfuiness  of  women  wage 
earners  is  u  handicap.     Census  reports  show  that  in  by  far  the 


WOMEN  AND  UNIONISM 


147 


larger  number  of  cases  they  are  under  twenty-five  years,  leaving 
but  few  experienced  heads  for  council  and  conservatism.  An- 
other fact  not  to  be  overlooked  is  the  feeling  of  pride  and  of 
social  distinction  between  workers.  The  former  of  these  leads 
some  to  hesitate  to  join  a  union  openly  for  fear  of  being  rated 
too  publicly  as  working  girls.  The  latter  ofTers  a  serious  barrier 
in  that  girls  of  one  trade  look  down  upon  those  of  another  and 
would  not  "stoop"  to  being  associated  with  them  in  a  union. 

Finally,  it  is  to  be  noted  that  whi'  women  are  admitted  to 
membership,  they  have  but  little  to  say  in  determining  policies. 
Rarely  indeed  are  they  cho-en  to  office.  .Attendance  upon  meet- 
ings is  often  impracticable  because  of  the  location  of  meeting 
rooms,  the  tobacco  smoke  and  the  boisterous  language  of  the 
men.  It  is  still  true  that  mixed  unions  are  not  successful  in 
securing  attendance  of  women,  much  less  in  making  use  of  the 
administrative  and  executive  ability  of  the  women  members. 

Attitude  of  Employer.  —  The  employer  also  is  an  important 
factor.  Experience  has  revealed  to  him  the  necessity  of  checking 
union  movements  at  the  beginning,  realizing  that  if  they  acquire 
momentum  they  may  pass  beyond  control.  As  women  are 
generally  more  timid  than  men,  a  tirm  stand  by  the  employer 
can  often  defeat  entirely  a  movement  for  organization  among 
them.  Women  in  many  trades  have  been  valuable  as  strike 
breakers.  They  are  valuable  in  a  labor  supply  because  of  the 
relative  ease  with  which  their  wages  may  be  adjusted  to  neces- 
sary or  desired  economies  in  expenses.  They  are  (j  'e  too  valu- 
able to  lose  as  an  unorganized  group  of  labor. 

Activity  of  Industrial  Workers  of  the  Worid.  —  The  activity 
of  the  Industrial  Workers  of  the  World  is  accountable  in  two 
ways  for  the  situation  so  far  as  unionism  among  women  is  con- 
cerned. First,  its  propaganda  among  unskilled  workers  has  been 
fruitful  for  a  time  of  large  membership  in  industrial  centers  where 
it  is  openly  at  work.  This  membership  does  not  prove  to  be 
permanent.  Evidence  of  this  appears  in  the  Massachusetts 
figures.  In  191 1  there  were  1,292  women  unionists.  The  fol- 
lowing year  showed  16,546  in  the  membership.  These  were 
largely  textile  operatives  in  Lawrence,  Lowell,  New  Bedford, 
Fall  River  and  other  localities  where  the  Industrial  Workers 

, ^„ ;_: »4..i1.Af.     nr>^r\nrr    r\-\\}\ -Timrh- f^VC  Td      TAT?      tnP     tntal 

.vc.c  ;::;;a:;:^:;;p  =;.:;r-^.r  -.-.r---:-^  v--^ 

membership  fell  to  9,157,  a  shrinkage  of  over  7,000  m  a  year. 


148    A\  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

This  variation,  which  the  state  report  mildly  characterizes  as 
"somewhat  transitory  memiicrship"  is  not  out  of  accord  with 
the  policy  of  the  Industrial  Workers.  They  regard  all  unskilled 
workers,' both  men  and  women,  as  their  source  of  strength, 
even  though  comparatively  few  are  enrolled  formally  as  mem- 
bers. However  disturbing  it  may  be  to  the  statistician  who  likes 
to  see  his  figures  plot  into  graceful  curves,  the  irregularity  of 
membership  does  not  in  the  least  dampen  the  ardor  of  the 
leaders  of  the  Industrial  Workers  of  the  World. 

Second,  the  Industrial  Workers  have  imparted  an  incentive  to 
the  leaders  of  trade  unionism.    This  has  reacted  in  creating  a 
renewed  interest  in  the  problem  of  unionizing  the  women  wage 
earners.    At  the  time  of  the  Lawrence  disturbance  not  alone  the 
strike  leaders  but  others  who  were  entirely  on  the  outside  were 
openly  criticizing  the  officers  of  the  trade  union  of  textile  work- 
ers for  their  neglect  to  organize  the  unskilled  foreign  girls  and 
women.     Though   these   trade  union   officials  defended  their 
actions  with  much  zeal,  the  net  result  appeared  to  be  that  the 
neglect  was  inexcusable.    It  was  made  to  appear  that  the  trade 
union  of  textile  workers  was  something  of  an  aristocracy,  seeking 
to  promote  the  interests  of  some  of  the  workers  at  the  expense  of 
others.    However  this  may  have  been,  the  developments  of  more 
recent  months  are  interesting.    As  has  been  said  above,  special 
assessments  were  levied  bj'  the  American  Federation  of  Labor 
to  be  used  by  the  Women's  Trade  Union  League.    As  stated  in 
the  annual  report  of  the  president  of  the  Federation:  "The 
textile  industry  was  selected  as  one  of  those  upon  which  efforts 
were  to  be  centered."    The  effect  appeared  also  in  another  way. 
In  the  government  investigation  which  covered  the  movement 
to  1909,  it  was  stated  that  the  prospects  for  large  increases  of 
membership  were  gloomy.     Before  the  report  was  published 
T  supplementarv  statement  was  made  covering  nearly  all  of  the 
year  1911.     In' this  latter  statement  much  of  the  gloom  dis- 
appears.   "Since  1909  there  has  been  a  most  marked  growth  in 
the  number  of  women's  unions,  a  still  larger  growth  in  the  mem- 
bership in  the  unions,  and  an  improvement  the  most  marked  of 
all  in  the  general  interest  taken  in  women's  unions  in  all  portions 
of  the  rountrv  and  in  almost  all  trades  in  which  there  is  any 
organization  at  all.  .  .  .    The  gain  seems  i  >  have  come  suddenly. 
There  was  little  evidence  of  real  vitality  or  dynamic  force  in  the 


WOMEN  AND  UNIONISM 


149 


period  prior  to  iqoq."  The  figures  pnsenled  from  Xevv  York 
State  bear  out  the  impression  that  the  year  igoq  was  a  year  of 
change.  It  would  not  be  right  to  attribute  this  sudden  progress 
to  aiiv  one  cause.  The  recovery  from  the  dejjression  of  H)oy, 
the  reverses  in  court  sustained  by  laws  intended  to  favor  women 
in  industry,  these  and  other  forces  were  undoubtedly  active. 
It  must  not  ue  overlooked,  however,  that  the  Industrial  Workers 
of  the  World  v,as  organized  in  igo5  but  that  the  first  three  or 
four  vears  were  occupied  with  dissension  and  internal  adjust- 
ment. In  ic)0()  ti;e  new  organization  stepped  into  the  tield 
relieved  of  its  incumLrances  and  ready  for  business.  The  incen- 
tive that  this  new  and  radical  organization  imparted  both  di- 
rectly and  indirectly  must  not  be  left  out  of  account.  While 
it  may  be  responsible  for  a  large  amount  of  transitory  member- 
ship among  women,  it  must  be  held  accountable  also  as  an  im- 
portant factor  in  increasing  ;he  membership  both  in  its  own 
organization  and  in  many  of  the  trade  unions  as  well. 


STATISTICS  OF   WOMr.N   IN   UNIONS 

As  to  the  number  of  women  enrolled  in  the  membership  of 
unions  there  are  no  data  that  are  both  comprehensive  and  ac- 
curate. The  etTorts  are  so  new  that  they  have  not  been  made 
general.  The  policy  adopted  has  been  one  of  concentration  in 
particular  localities  and  trades.  The  activities  of  the  Women's 
Trade  Union  League  have  been  centralized  in  a  few  citie-  es- 
pecially, though  not  entirely  confined  to  tnem.  In  but  few  of 
the  states  are  there  reports  that  give  any  comprehensive  in- 
formation. The  Massachusetts  Labor  Bulle'in  shows  that  iSi 
unions  in  that  state  had  a  female  membershi;)  of  25,74g  at  the 
close  of  IQI2.  One  year  later  there  were  195  such  unions  with 
a  total  female  membership  of  ;,o,5i3.  The  gain  of  igi :;  over 
iyi2  was  eighteen  and  one-half  per  cent.  Th's  compares  un- 
favorably with  the  gain  of  the  previous  year  'vhich  was  fifty- 
nine  and  one-half  per  cent.  The  municipalities  having  one 
thousand  or  more  women  unionists  were: 


150    AN  INTKUUL'CTION  TO  STUDY  OF  ORGANIZED  LABOR 

City  Womrn    UnionisU 

Boston 8,o8q 

Brockton 4.138 

Fall  KivtT 34^4 

Lynn 2,543 

Lawrence 2,187 

New  Bedford 2,106 

Haverhill 1,018 

Boston  had  39  locals;  Brockton,  15;  Lynn,  i,v.  while  in  the 
othf.-  cities  the  number  of  locals  was  smaller. 

Of  the  105  unions  referred  to  there  were  18  whose  membership 
was  made  up  of  women  alone,  to  the  number  of  7,22^1,  while 
62  unions  each  numbered  100  or  more  in  its  membership. 

By  trades  the  entire  30,513  women  were  distributed  as  follows: 

Number         Per  Cent  of  Total 

Boot  and  shoe  workers 1 1  ,qoi  30 

Textile  workers 8,682  28 . 5 

(iarment  workers 3.185  10  4 

Telephone  operators 2,548                   8  4 

Retail  clerks 876                   2  g 

Cigar  *■    tory  workers  and  tobacco  strippers. .  650                   2 .  i 

BookL     iers 583                    i  u 

Other  occupations 2,088                   6  8 

Total 30,513  1000 

The  following  tables  indicate  some  of  the  facts  in  a  more  de- 
tailed way.    Each  may  be  left  to  explain  itself. 


li' 


WOMKN  AND  UNIONISM 


151 


I.  'Paljle  showing  trade  mii"ns  rcjKirting  10  or  more  women 
mcml"  rs,  I  lu'ir  female  nu•lnl)er^.lip,  and  the  estimated  proportion 
Wd'iien  furin  of  total  union  membership.  (From  the  History  of 
Women  m  Trade  Irnotis,  p.  i  50:  Vol.  X  of  Report  on  Condi- 
tions of  Woman  and  Child  Wage  Earners  in  the  United  States. 
C.overnment  Printing  OfBce.) 


UiKi-hincl'TS 

Hoot  and  shoe  workers 

rigat  makers 

(larmenl  workers  (men's) 

Ciiirnii  It  workers  (women's).  .  . 

(ilove  workers 

Hat  and  cap  makers 

Musirians 

IVintcrs  (typographical  workers) 
Retail  clerl:s  (salesv  omen) .  . 
Shirt,  waist  and  laundry  worker ^ 

IVx'ile  workers 

Tobacco  workers 

Waitresses 

Miscellaneous 

Toul 


Estimated 
Prr  (  ml 

No  of 
Unions 

Femaif 
Uemtienkip 

W'imrn 

form  '\f 
TMiiI  Unii>n 
Memhfrsktp 

■25 

3,628 

40 

40 

S.443 

17 

32 

3.400 

10 

133 

17,212 

40 

13 

1,217 

70 

>3 

652 

S8 

14 

S.385 

54 

60 

1,323 

7 

17 

621 

3 

42 

1,308 

4 

41 

3,2?9 

75 

33 

6,142 

45 

33 

5,020 

72 

33 

I,Q28 

5 

28 

7,391 

546 


63,989 


1^2 


AN   INTRODUCTION  TO  STUDY  Ol    ()R(;\M/.F;D  LABOR 


2.  'I'al)lf  showing  estimated  number  r'  omen  in  unions,  num- 
ber i(>  vear-i  old  and  over  engaged  in  '  e,  per  rent  who  are 
union  members  ol'  vvomi  n  and  of  met  .-d  in  the  trade,  and 
proportion  of  women  and  of  men  o( .  .  in  the  trade,  United 
States,  by  tr.' les.    (History  of  Women  m  FVade  Unions,  p.  138.) 


h 


t^iy.  of  Witmrn 
uho  are 

I'er  Ctnl  uka 
are  Union 
Members  ol 

Per  Cent  of 

I'erumt  If) 

vfi.  0/  age  ami 

liver,  fltcufned 

m  Ike  Iroiie 

wk,t  are 

'>""^"''       a\V.'n,:!er 

Women  I     Men 

occupied  ■  occupied 

in  Ike        in  the 

trade         trade 

Wo- 
men 

Men 

Bookbinders 3.600 

Boot  and  shoe  workers  S^oo 
Garment  workers 

(men's) 17.700 

(lannenl  workers 

(women's) 1,200 

Glove  workers 700 

Hat  and  cap  makers   .  S.400 

Musicians 2,800 

Retail    clerks    (sales- 
women)    2,100 

Shirt,  waist  and  laundry 

workers 3.200 

Textile  workers 6,100 

Tobacco  workers g.ooo 

T>-pographical  workers  1,300 

Waitresses i.qoo 

Miscellaneous q,6oo 

Total 70,000 


I4,,^03  25.2  35.6  so  5  40  s 

49.535  109  27   2  34  2  658 

75,468  23    s  45  9  56.2  4.8 

72.242  1.7  12  62  ()  .57 . 1 

7,170  Q  8  116  62.6  37  4 

7,049  76  6  306  32  4  67  6 

52,010  54  QI    2  569  4J.I 

142,265  1.4  10  8  24  I  75. g 


47.180 
231.458 
37.125 
15.353 
41,178 

1. 317. 159 


6  8 

26 

13  5 

8.5 
46 

0.7 


48 
30 
2.  2 

32  5 
58.1 
20.3 


6q  8 
50  o 


30 
10 

39 
13 


2,109,495      2>i     20.5     17 


30.2 
50  o 
69. 1 

89.7 
60.4 
86.8 


5     82.5 


WOMKN  AND  UNIONISM 


15.? 


.V  The  reports  from  New  York  State  arc  much  more  complete 
and  extend  ever  a  longer  period  of  time.  Though  they  indicate 
the  conditions  in  that  state  only,  they  alTord  opportunity  f'>r 
comparative  study  within  that  area.  The  following  data  from 
the  reports  of  the  State  Industrial  Commission  show  the  status 
of  organization  in  New  York  State. 


SumhfT  nf  Wn- 

iSg7 5. 764 

i8g8 7.50s 

180Q 8.08S 

iQOO      I  i.f^iS 

igoi    14.618 

iq02 15.50Q 

iQO.^ 14.75.? 

i()04 12,817 

1905 12,265 


Numhtr  of 
Year  tt'omm  L'HumiUt 

IQ06 11,625 

IQ07 14. .zi' 

I(;o8 IO,6<)8 

igog 12,410 

igio ^^MS 

igii 35,402 

igi2 .^,170 

igi,5 78,522 

igi4 67,449 


4.  Ch.art  showing  the  proportion,  in  per  cent,  of  women 

TO  ALL  UNIONISTS  IN  NEW  YORK  StATE,   1897-1914. 


SiSSjoSSsSooooc 

00    00    CO     A    OT    OT    03    C>    CJJ    03    w'    05    3^ 

0  —  rj 
a>  a>  A 

2  S 

12 

1 

K 

II 

- 

tn 

g 

~~ 

8 

1' 

~~ 

~ 

' 

1 

6 

t_ 

5 

> 

K 

_l 

^ 

\ 

/ 

4 

J 

s 

t 

\ 

1 

I 

\ 

s. 

1 

f- 

~" 

~ 

> 

\ 

/ 

s 

/ 

i 

2 

_ 

— 

— 

154     AN  INTRODUCTIOX  TO  STUDY  OK  0RGANIZP:D  LABOR 


5.  Chart  showixc.  tiik  membership  of  women  in  unions  in 
New  York  StaTE,  1897-1914. 

BO.OOO' 
75,000 
70.000 
65.000 
BO.OOO 
55.000 
50,000 
45.0Cn 
40,000 
35.000 
30.000 
25.000 
20.000 
15,000 
10.000 
5.000 
0 

6.  Table  showing  the  number  cf  union  women  in  the  sev- 
eral trades,  in  New  York  State,  for  September  of  the  two  years 
1913  and  1914. 

'01 3 

Railways 13 

Telegraphs 257 

Garments 5'  ?'^ 

Shirts,  collars  and  laundry Q.363 

hats,  caps  and  furs 2,042 

Boots,  shoes  and  gloves 367 

Textiles 3.22$ 

Iron  and  steel 622 

Other  metals 13 

I'rinting,  binding,  etc 1,801 

W  ood  working  and  lurniture. ...  36 

Theaters  and  music 3.,'   ' 

Tobacco 2,_5 

Hotels  and  restaurants ^' 

Retail  trade 35* 

Public  employment 1,501 

Paper  and  paper  goods 106 

I.eathir  and  leather  goods 25 

Mixed  cmfiloymer.t          32 

Other  distinct  trades 17Q 

Total    78, .122 


Unions  rif  \W^mrn 

Exclusin-lv 

Sept..  11/14 

'914 

.\o. 

Membtrship 

15 

28q 

47,811 

10 

1. 345 

6426 

I 

12 

3  204 

4 

618 

335 

I 

170 

988 

3 

472 

438 

16 

I 

16 

1,770 

I 

1,230 

39 

2.0S0 

'97 

I 

-81 

<;J2 

I 

800 

5 

100 

II 

2qi 

67.44Q 


4,66,^ 


WOMEN'  AM)  U.MOMSM 


155 


7.  Table  showing  national  unions  affiliated  with  the  Ameri- 
can Federation  of  Labor  with  the  members  of  each  sex  in  the 
locals  of  New  York  State  (1915): 


Men  Women 

Bookbinders 1,649  1,282 

Boot  and  shoe  workers 1,032  268 

Cigar  makers 7-552  2,207 

Railway  clerks 373  15 

Retail  clerks 458  286 

("loth  hat  and  cap  makers 2,900  771 

Commercial  telegraphers 846  228 

Electrical  workers 7,676  438 

Fur  workers 8,074  2.055 

Garment  workers 43,965  1 1.787 

Ladies'  garment  workers 65,799  40,521 

Musicians 10,862  453 

Printing  pressmen 1,427  58 

Pulp  and  paper  millers 1,986  5 

Railroad  telegraphers 3-397  61 

Journeymen  tailors 1,226  66 

Textile  workers 2,196  806 

Tobacco  workers 165  76 

Leather  novelty  workers 425  100 

Typographical  union ii,i7S  274 

Upholsterers  and  trimmers 1,748  13 

Actors 7,000  1 ,000 

'  Twenty-five  other  international  unions    4.295  78 

'  Local  trade  and  labor  unions 8.968  1,619 

8.  Table  showing  the  national  unions  not  affiliated 

American  Federation  of  Labor  with  the  members  of 
in  the  locals  of  New  York  State  (1915): 


Men 

Actors 1,213 

Bookbinders 1,425 

Post-otlice  clerks 4,444 

Industrial  Workers  of  the  World 3-610 

Musical  and  theatrical  union 1,622 

Shoe  workers 1,684 

'  Sixteen  other  international  unions.  .  . .  2,730 

*  Local  unions C 5-437 


Women 

589 
125 

77 

19 

3 

34 

74 

2,058 

'  Not  all  these  have  women  in  membership. 


Total 

2,931 
1,300 

9-759 
388 

744 

3,671 

1.074 

8,114 

10,129 

55.752 

106,320 

11,315 
1-485 
1,991 

3,458 

1,292 

3,002 

241 

525 

11,449 

1,761 

8.000 

4,373 
10,587 

with  the 
each  sex 

Tolal 
1,802 

1,550 
4-521 
3-629 
1,625 
1,718 
2,804 

38,495 


PART  III 
COLLECTIVE  BARGAINING 


CHAPTER  X 
THE   STRIKE 


DEFINITION 

To  define  the  terms  strike  and  lockout  seems  comparatively 
-imple.  Vet  there  is  not  an  unqualified  agreement  as  to  what 
the  definitions  should  express.  The  need  for  clearness  becomes 
apparent  as  soon  as  an>-  analytical  study  of  labor  disturbances 
is  begun. 

Federal  Bureau  of  Labor.  —  In  the  earlier  reports  of  the 
Federal  Bureau  of  Labor,  little  attention  was  given  to  formal 
definition.  "A  strike,"  it  explained,  in  the  Sixteenth  Annual 
Report,  "occurs  when  the  employees  of  an  establishment  refuse 
to  work  unless  the  management  complies  with  some  demand; 
a  lockout  occu.s  when  the  management  refuses  to  allow  the 
employees  to  work  unless  they  will  work  under  some  condition 
indicated  by  the  management.  It  appears,  therefore,  that 
these  two  classes  of  industrial  disturbances  are  practically 
alike,  the  main  distinction  being  that  in  a  strike  the  employees 
take  I  he  initiative,  while  in  a  lockout  the  employer  first  makes 
some  demand  and  enforces  it  by  refusing  to  allow  his  employees 
to  work  unless  it  is  complied  with."  Three  years  later  the 
definitions  used  were  more  formal  and  a  degree  more  exact 
as  well.  As  used  in  the  1Q04  report  a  strike  is  '"A  refusal  by 
the  employees  of  an  establishment  to  work  unless  th(  employer 
complies  with  some  demand  made  by  the  former  or  withdraws 
some  obnoxious  I'rmand  made  by  himself."  A  lockout  is  "A 
refusal  l)y  the  en,[)!oyer  to  allow  his  employees  to  work  in  his 
establishment  unless  they  will  comply  with  some  demand  as 
to  the  conditions  of  employment  made  by  him."  The  principal 
di-tinction,  as  pointed  out,  is  "in  one  case  the  employees  take 
the  initiative  in  regard  to  discontinuance  of  work  in  an  establish- 
ment and  in  the  other  case  the  initiative  is  taken  by  the  em- 
ployer." 

IS9 


lOO 


AN   IMkuUULTlON  TV  SULV  Ol    ORGANIZKD  LABOR 


Two  vears  later  the  Bureau  Mated  a  third  form  ..f  the  defi- 
nition again  somewhat  more  exact.  "A  strike  is  a  eoucerte.l 
withdrawal  from  work  l.y  a  part  ..r  all  of  the  employees  of  an 
..tablishment,  or  several  establishments,  to  enlorce  a  demand 
on  the  part  of  employees/'  "A  loekoul  is  a  refusal  on  the 
,Kirt  of  an  emplover,  or  several  employers,  to  permit  a  part 
or  all  of  the  empluvees  to  continue  at  work,  such  refusiil  btMng 
ma.ie  to  enforce  a  demand  on  the  part  of  employers  tor 
purposes  of  the  classification  made  in  accordance  with  tiiem 
these  definitions  served  well,  but  they  cannot  be  accepted  as 
in  all  respects  satisfactory. 

Another  tvpe  of  definition  is  important.  A  good  instance 
i.  that  taken  from  the  Canadian  Industrial  Disputes  Act:  a 
strike  is  "the  -essation  of  work  by  a  ln)dy  of  employees  acting 
in  combination,  or  a  concerted  refusal  or  a  refusal  under  a 
common  understanding  of  any  number  of  employees  to  continue 
to  work  for  an  emplover,  in  conseciuence  of  a  d'spute,  done  as 
a  means  of  compelling  their  employer,  or  to  aid  other  employees 
in  compelling  their  employer  to  accept  terms  ol  employment 

Comparison  of  these  definitions  and  others  that  might  be 
added  reveals  two  ciuite  separate  considerations.  In  one  the 
strike  is  regarded  simplv  as  an  a.  t  of  stopping  work.  In  the 
other  it  is  looked  upon  as  essentially  a  means  of  inducing  or 
compelling  an  emplover  to  yield  to  certain  demands. 

Legal  Definition.  -  When  approached  from  the  standpoint 
of  legal  definition  another  interesting  distinction  appears.     A 
Federal  Circuit  Judge  has  given  in  one  of  his  opinions  (Farmers 
Loan  and  Trust  Co.  vs.  Northern  Pacific  R.  R.  Co..  bo  led.,  8o,0 
an   interesting  analvsis.     Recognizing   that   the  legality  of  a 
strike  must  be  determined  largely  by  the  meaning  of  the  term, 
the  1u.l.'e  examines  a  variety  of  definitions  from  dictionaries, 
both  li'erarv  and  legal.     His  conclusion  is  that  there  are  in 
the  group  of  definitions  two  controlling  ideas:  "extorting  by 
compulsion  from  the  employer  certain  concessions     and  "ces- 
sation of  labor,  but   not   the  abandonment  of   employment. 
Both  these  elements,  it  i^  urged,  are  present  in  any  strike.     It 
the  latter  Iv  omi  —d  from  the  definition,  then  the  term  comes 
to  represent  the  i.leal.  never  existent  in  fact  and  certainly  not 
the  strike  of    hislor-.     The    .lefmition    that     he  oilers  is:  'A 
combuied  elTort  among  workmen  to  compel  the  master  to  the 


THK  STRIKP; 


lOi 


ronccssion  of  a  certain  dcniainl,  In-  prevontin;^  llic  ronrluct 
of  his  business  until  compliance  with  the  (leniand.  I'o  this 
he  adds:  "The  concerted  cessalion  of  uork  i>  hut  one  of.  and 
the  least  etTective  of,  the  niean>  to  the  end;  the  intimidation 
of  others  from  engaging  in  the  service,  the  interference  with, 
and  the  disablinfj  and  destruction  of.  property,  and  resort  to 
actual  force  and  violence,  when  re(|uisile  to  the  accomplishment 
of  the  end, being  the  other,  and  more  efTcctive,  means  em|)loyed." 

That  this  view  does  not  go  unchallenged  among  jurists  appears 
in  the  opinion  reviewing  this  case  before  the  court  of  appeals. 
Here  it  was  asserted  that  the  court  was  not  i)repared  to  go  as 
far  in  detining  the  term.  "A  combination  among  employees, 
having  for  its  object  their  orderly  withdrawal  in  large  numbers 
or  in  a  body  from  the  service  of  their  employers,  on  account 
simply  of  a  reduction  in  their  wages"  is  a  strike  as  that  term 
is  commonly  used.  To  this  the  Justice  adds  the  simple  state- 
ment of  Sir  James  Hannan  of  the  Queen's  liench;  a  strike  is 
a  "simultaneous  cessation  of  work  on  the  j)art  of  the  workmen. " 
(Arthur  vs.  Oakcs,  6,?  Fed.,  310.) 

From  these  statements  it  will  appear  that  while  in  the  matter 
of  an  exact  detmition  there  is  not  entire  agreement,  yet  there 
are  certain  elements  that  arc  necessary  to  any  detmition.  With 
these  in  mind  a  strike  may  be  detmed  as  a  cessation  of  work 
by  a  group  of  employees  by  preconcerted  agreement  for  the 
[)urpose  of  enforcing  a  demand  concerning  the  londitions  of 
employment.  Such  cessation  may  concern  a  single  department, 
branch  or  subdivision  of  a  shop,  or  it  may  extend  to  factories 
in  different  unrelated  industries.  The  strikers  may  or  may 
not  insist  upon  retaining  a  claim  to  the  places  struck  against. 
Though  doubtless  of  much  importance  as  a  matter  of  tactics 
in  the  conduct  of  the  strike,  such  a  claim  is  not  an  essential 
element.  The  strikers,  confident  of  the  dependence  of  the 
former  employer  upon  them,  may  withdraw  entirely  and  await 
the  time  when  he  will  feel  obliged  to  yield  to  their  demands  and 
offer  them  their  former  positions.  Such  incidental  features  are 
often  of  mu'  h  consecjuence  in  determining  the  kind  of  strike  or 
the  tactics  used  in  its  conduct.  They  are  not,  however,  essential 
elements. 

The  Lockout.  .After  discovering  the  elements  of  the  defi- 
nition of  a  strike,  there  remains  the  lockout.      The  oiilv  ditTer- 


ib2    AN  INTKODin  ION    TO  STL'DV  OK  OKCANIZKl)  LABOR 


ciuc,  as  poiiUcd  oui  in  the  i-arlier  definitions,  is  that  of  initiative. 
If  lliL-  emijlovfts  start  the  liisturljancv  it  is  a  strike,  if  the  em- 
ployer acts  t'lrsl,  it  is  a  lockout.  This  may  serve  as  a  basis  of 
tabulation,  but  it  is  lacking  in  thorough  analysis.  The  employ- 
ees may  be  pushing  their  demands  and  threatening  a  strike. 
The  employe;,  seeing  some  tactical  advantage  in  not  allowing 
his  men  to  act  tirsl,  may  turn  the  key  to  the  workshop  door 
just  as  he  thinks  the  men  are  ready  to  walk  out.  A  day  later 
the  disturbance  would  have  been  a  strike.  A  day  earlier  it  is 
a  lockout.  The  dilTerence  between  a  strike  and  a  lockout  then 
becomes  not  so  much  the  initiative  in  the  dispute.  It  is  simply 
a  difference  of  twenty-four  hours.  Or,  again,  the  employees 
may  be  pushing  their  demands.  Knowing  that  a  strike  on  the 
question  of  wages  is  inevitable  the  employer  may  suddenly 
break  otT  negotiations,  refuse  to  treat  with  the  union  officials 
and  lock  out  the  men  for  the  ostensible  reason  that  his  business 
is  his  private  affair  and  that  he  refuses  to  recognize  the  union. 
This  then  is  a  strike  over  wages  if  left  till  to-morrow  but  a  lock- 
out over  recognition  of  unions  if  called  to-day. 

•'Attack  Strike":  "Defense  Strike."  —  Obviously  the  ini- 
tiative in  bringing  about  the  cessation  of  work  is  not  the  same  as 
the  initiative  in  starting  the  disimtc.  The  Massachusetts  Bureau 
of  Labor  has  recognized  this  difficulty  and  has  sought  to  meet 
it  by  a  classification  on  the  basis  of  the  party  that  raised  the 
point  about  wh'  r  the  issue  centers  or  that  first  makes  the 
demand  for  chan^^e  to  which  the  other  party  refuses  assent. 
This  eliminates  the  difference  between  strike  and  lockout  and 
so  it  has  been  proposed  that  the  terms  be  dropped.  As  sub- 
stitutes this  department  has  suggested  the  terms  "attack  strike" 
an-.,  "defense  strike."  .'\n  attack  strike  is  one  in  which  "ces- 
sation oi  employment  results  from  a  movement  begun  in  the 
first  instance  by  the  employees";  a  defense  strike  is  one  in 
which  "cessation  of  employment  results  from  the  initiative 
taken  by  the  employer  in  making  some  change  in  the  conditions 
of  employment."  .\  classification  made  on  this  basis  is  more 
satisfactory.  It  is  more  impoitant  to  know,  as  far  as  possible, 
the  real  cause  of  J.e  disturbance  than  to  try  to  tell  who  first 
caused  the  stoppage  of  work;  more  significant  to  know  what 
troubles  led  to  the  outbreak  than  to  have  the  knowledge  limited 
simply  to  the  beginning  of  open  ho.stility.     Though  the  use  of 


THE  STRIKE 


l6: 


the  terms  attack  and  defense  strike  is  more  scientific  and  leads 
ti)  keener  analysis,  lliey  will  undoubtedly  be  slow  of  adoption 
because  it  is  so  difficult  to  adjust  them  for  comparative 
purposes  to  data  already  recorded. 


eakly  strikes 


Of  strikes  prutT  to  the  last  cjuarter  of  the  nineteenth  century 
little  is  known.  Their  occurrence  attracted  but  slight  atten- 
tion at  the  time.  Those  that  occasioned  more  than  local  dis- 
turbance found  their  way  into  the  passing  records  of  the  day, 
but  these  were  soon  k)st.  Only  a  more  recent  and  thoroughly 
organized  search  for  these  lost  accounts  has  brought  some  of 
them  to  light.  These  findings  arc  of  course  incomplete,  yet 
they  warn  us  very  positively  against  the  error  of  supposing  that 
the  strike  is  in  any  sense  a  modern  'Jevice.  The  importance 
attached  to  it  in  recent  years  is  a  relative  one  only.  The  strike 
is  old,  older  in  fact  than  labor  organization  itself. 

Resorted  to,  as  they  were,  with  steadily  increasing  frequency 
and  carrying  with  them  consequences  more  and  more  serious, 
strikes  attracted  public  attention  to  such  a  degree  that  the 
Tenth  Census  (1880)  embodied  a  special  rejjort  on  the  subject. 
The  Federal  Bureau  of  Labor  then  t(K)k  u[)  a  more  thorough 
investigation,  beginning  with  the  year  1881. 

The  first  strike  in  the  United  States  of  which  record  has  been 
discovered  occurred  in  1741.  References  found  in  the  literature 
of  later  periods  refer  to  a  strike  in  that  year  among  the  journey- 
men bakers  (probably)  of  New  York  City.  For  over  half  a 
centur)'  after  that  time,  no  serious  trouble  of  this  kind  appears 
to  have  occurred.  If  there  were  strikes  during  this  time,  the 
records  of  such  have  not  yet  come  to  light.  Fifty-one  years 
later,  1792,  there  appears  the  first  record  of  the  existence  of  an 
organization  among  the  journeymen  shoemakers  of  Philadelphia. 
These  workmen  appear  to  have  been  more  than  ordinarily  ag- 
gressive. They  called  a  strike  in  1790,  one  in  1798  and  again 
in  1799.  The  first  two  of  these  were  for  an  increase  in  wages 
and  were  successful.  The  last  was  against  a  reduction  of  wages 
and  was  only  partly  successful.  About  one  hundred  men  ap- 
pear to  have  been  concerned.  In  1S05  these  same  journeymen 
''turned  out"  again  in  support  of  a  demand  for  more  wages. 


i64     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZKD  LAHOR 


This  strike  was  not  successful.  The  masters  brouchf  charges 
of  cons|)iracy  a^'ainst  the  leaders  in  the  Mayor's  Court  of  the 
city  of  I'hiladtlphia.  The  trial  lasted  three  days  and  aroused 
unusual  interest.  The  deci^'ion  rested  on  the  doctrine  that  a 
C()niliinatit)n  to  raise  waj;es  is  conspiracy  and  as  such  is  unlawful. 
The  defendants  were  found  guilty  and  fined  eight  dollars  each 
and  costs. 

During  this  early  peritxl  the  journeymen  shoemakers  were 
among  the  most  active  workmen  in  resorting  to  the  strike. 
Other  early  ca.ses  are  found  among  sailors,  printers,  shipbuilders, 
hat  workers,  spinners  and  weavers.  Eight  sejiarate  strikes  of 
shoemakers  during  these  early  years  were  of  sufficient  impor- 
tance to  lead  to  trial  in  court  and  the  cases  were  tried  in  various 
cities  in  Pennsylvania,  New  York,  Maryland  and  Massachu- 
.setts. 

The  [jericxl  jirior  to  iSSi  may  be  divided  roughly  into  three 
subdivisions.  Hefore  about  1S35  the  strikes  were  few  and  of 
.small  consequence.  Investigation  shows  that  in  all  the  years 
previous  to  1S35  there  were  possibly  twenty-four  strikes  of 
which  the  records  have  been  preserved.  Most  of  these  related 
to  wages  and  in  over  half  of  them  it  is  not  known  whether  they 
were  successful  or  not.  From  1S35  to  1870  the  change  is  quite 
noticeable.  To  be  sure,  the  records  of  these  years  are  better 
preserved  and  consequently  our  information  is  more  satisfac- 
tor>'.  Yet  in  addition  to  this  it  remains  to  be  emphasized  that 
the  spirit  of  reform  agitation  was  active  and  expressed  itself 
in  demonstrations  of  workingmen,  sometimes  involving  but  a 
few  and  at  other  times  including  several  hundred.  In  this 
period  the  record  shows  about  three  hundred  strikes,  most 
of  which  dealt  with  wages  and  hours  of  labor  and  a  large  pro- 
portion of  which  did  not  succeed. 

In  the  seventies  more  serious  disturbances  began  to  occur, 
and  assume  proportion^  that  were  regarded  as  alarming.  By 
that  time  industrial  changes  had  come  about  that  made  strikes 
more  disastrous.  The  associations  of  workingmen  were  not  only 
more  numerous  but  more  powerful.  E.xperience  was  beginning 
to  show  that  stronger  organization  was  necessary.  Immigration 
was  responsible  for  large  foreign  elements  more  turbulent  and 
less  amenable  to  American  methtnls  of  control. 

The  great  railroad  strikes  of  1S77  mark  the  first  serious  dis- 


THK  sikiKi-; 


lO^ 


turbances.  Thcso  struRKk's  h«.'K;in  over  a  tvn  ;  .  i  irnt  nductioii 
ill  waKts.  OtliiT  Krifvances  over  which  the  cmiiloNtcs  had  l)Cfn 
hroiKliiij^  for  months  stiimilatfd  the  men  and  ihr  -triki'  spread. 
In  the  saint'  \tar  laj^an  a  scrit's  of  slriki  in  the  Ohio  coal  liclds 
which  continued  intermittently  over  several  years,  at  times 
rcsultinj;  in  serious  riotin^^  and  contlicts  with  the  militia.  In 
the  seventies  alone  there  were  nearly  four  hundred  disturl»aiKes. 
Though  a  larjije  number  of  these  still  dealt  with  wages,  an  in- 
creasing j)ro[)ortion  arose  over  other  causes. 

Though  the  tabulation  of  strikes  j)rior  to  iS8i  is  of  course 
incomplete,  an  analy -is  of  the  table  shows  that  in  the  thirties 
and  forties  strikes  varied  from  one  to  eleven  a  year,  the  average 
being  three.  The  average  for  the  fifties  was  6.,^;  for  the  si.xties, 
7.1;  and  for  the  seventies,  30.6. 

Though  the  numerical  value  of  such  a  count  is  small,  yet, 
allowing  for  the  increasing  certainty  of  finding  records  of  strikes 
in  the  later  years,  the  evidem  e  is  clear  that  strikes  were  steadily 
increasing  in  number  as  well  as  seriousness.  The  summary  of 
the  table  shows  a  record  of  i,4Qi  strikes  prior  to  iSSi,  i,oSq  of 
which  I  elated  to  wages.  Success  followed  in  316,  failure  re- 
sulted in  583,  while  154  were  compromised  and  in  43S  instances 
the  outcome  is  unknown. 

Such  information  as  has  been  brought  to  light  indicates  that 
during  the  nineteenth  century  there  was  a  generally  accepted 
idea  that  strikes  were  somehow  inevitable.  They  did  not  deal 
e.xdusively  with  wages  and  hours  ul  labor.  Wages  were  of 
course  an  ever  present  source  of  friction.  Hours  of  labor  were 
nt)t  easily  adjusted.  Customary  long  hours  withsl(j<Kl  with 
some  strength  the  reform  movements  in  favor  of  a  shorter  day. 
Strikes  for  the  ten-hour  day  were  frequent.  Most  of  them  failed, 
and  that  largely  because  the  influx  of  immigration  furnished  a 
supply  of  foreigners  ready  to  work  the  longer  hours.  In  1.S51 
a  machinists'  strike  involving  about  sixty  men  was  called  to 
secure  permission  to  quit  work  at  sundown.  The  employer  was 
requiring  work  till  seven-thirty  o'clock.  The  strike  failed,  the 
records  tell  us,  because  there  were  found  plenty  of  men  to  take 
their  places.  At  about  the  same  time  a  strike  for  shorter  hours 
was  successfully  resisted  on  the  ground  that  it  was  "customary" 
for  men  to  work  the  longer  day. 

Conservatism  did  not  always  fight  on  the  siile  of  the  em- 


MICROCOPY    RESOLUTION    TEST    CHART 

AN5I  and  ISO  TEST  CHART  No    2 


1.0 


I.I 


la 


36 

40 


|[|||2j_ 
I  2.2 

III  2.0 
III  1.8 


1.25 


1.4      III  1.6 


^     /APPLIED  INA^GE     Inc 


I6'i?   Eas'    Mom    Street 

■■'^j   462   -  0300  -  Phone 
F.)    ?HR   -   SQHq  -  F/,« 


l66    AN  INTRODUCTION"  TO  STUDY  OF  ORGANIZED  LABOR 

ployer.  Somewhat  later  some  coal  •.,  orators  sought  to  intro- 
duce some  improved  methods  of  blasting  in  the  mines  to  avoid 
slack  and  secure  larger  lumps  of  coal.  The  miners  opposed  the 
change  and  demanded  the  right  to  blast  the  coal  as  they  thought 
proper.  They  struck  to  maintain  the  old  system.  The  tem- 
perance agitation  that  swept  the  country  did  not  pass  without 
its  effect.  In  1817  a  Medford  shipbuilder  determined  to  abolish 
the  grog  custom.  It  was  usual  to  furnish  drink  to  the  work- 
men at  inter\-als  during  the  day.  The  men  struck  upon  the 
announcement  that  grog  would  not  be  furnished.  They  did 
not  like  the  innovation.  They  could  not  carry  their  point  and 
later  returned  to  work.  In  1839  the  records  tell  us  that  the 
employees  of  a  railroad  struck  demanding  an  increase  in  pay 
and  more  whiskey.  Their  allowance  at  the  time  was  one  and 
one-half  pints  each  per  day,  dealt  out  in  nine  doses.  During 
the  seventies  a  writer  tells  us  that  it  appeared  to  be  the  general 
opinion  in  many  parts  of  the  coal  regions  that  "unless  there 
occurred  a  general  strike  on  the  average  of  two  years,  things 
did  not  seem  to  be  exactly  right."  Both  employers  and  em- 
ployees regarded  the  strike  as  a  necessary  evil. 

ANALYSIS   OF   STRIKE   STATISTICS 


Number  of  Strikes.  —  Strikes  have  come  to  be  more  than 
mere  incidents  in  industry.  Their  importance  has  led  to 
serious  effort  to  learn  as  much  as  possible  of  their  industrial 
significance.  Complete  and  accurate  information  is  not  easy 
to  obtain,  important  as  it  would  be.  The  Federal  Bureau  of 
Labor  has  gathered  the  most  complete  data  and  on  this  it  is 
possible  to  base  some  conclusions.  The  information  covers  a 
period  of  twenty-five  years,  1881-1905.  During  this  time  there 
occurred  in  the  United  States  38,303  strikes  and  lockouts  that 
lasted  twenty-four  hours  or  longer.  (In  the  five-year  period, 
1901  -1905,  the  government  investigators  found  641  "fractional 
day"  strikes,  leading  to  the  actual  closing  of  326  establishments 
out  of  a  total  of  790.  In  these  790  establishments  the  strike 
was  successful  in  551  and  partially  successful  in  42.)  These  dis- 
turbances involved  199,954  establishments  and  a  total  of 
7,444,270  emnlovees.  Others  were  thrown  out  of  work  as  a 
direct  result  and  this  number  raises  the  total  by  2,000,000 


THE  STRIKE 


167 


more.  To  trace  the  results  numerically  farther  than  this  is  not 
possible.  It  is  evident,  however,  that  within  a  quarter-centur>' 
more  than  10,000,000  persons  ceased  work  during  the  adjust- 
ment of  the  conditions  that  caused  the  strike  or  lockout. 

Of  course  this  large  number  was  not  out  of  work  at  one  time 
nor  should  it  be  inferred  that  that  numtjcr  of  separate  individuals 
\va>  involved.  Statistically  considered,  however,  that  is  a  show- 
ing formidable  enough  to  indicate  the  seriousness  of  the  strike 
and  lockout  as  an  industrial  problem. 

Of  this  entire  number  slightly  less  than  ten  per  cent  were 
females.  The  percentage  of  females  that  went  out  on  strike 
(9.4%)  is  noticeably  smaller  than  the  proportion  ;i5.8%)  that 
was  locked  out. 

It  is  not  possible  to  state  accurately  the  amount  of  time  lost 
in  these  disturbances.  Of  the  entire  199,954,  the  average 
duration  was  30.8  days.  But  neither  strikes  nor  lockouts  neces- 
sarily result  in  closing  an  entire  establishment,  though  generally 
work  is  stopped.  Taking  124,000  cases,  or  85%  of  the  entire 
number,  the  establishments  were  actually  closed  an  average  of 
twenty-three  days.  Lockouts  appear  to  last  longer  than  strikes. 
The  average  length  of  strikes  was  twenty-five  days  and  of 
lockouts  eighty- four  days;  the  average  time  of  actually  closing 
up  was  for  strikes  twenty  days  and  for  lockouts  forty  days. 


ir  3-  ■^i-o  o  o  c-  -o  i/^o  -fx  ■x  ■&  o^  a  '^  2  ?r  IS  T  ^ 


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^mSS^-x»mx=c^-x»cocc-^coccco  2  2  2-2  2  S 


168 


THE  STRIKE 


169 


In  Table  No.  1  is  shown  by  years  for  this  quarter-century 
period  the  number  of  both  strikes  and  lockouts,  the  number 
of  establishments  aflected,  persons  engaged  in  the  strike,  and 
persons  thrown  out  of  work  because  of  the  strike  in  each  year. 
The  irregularly  rising  curves  (as  shown  in  Charts  2,  3,  4)  indicatr 
the  increasing  frequency  of  strikes,  numerically  considered. 
The  further  seriousness  is  show  by  the  curves  of  establishments 
involved  and  of  em[iloyees  on  strike  and  thrown  out  of  work. 
The  period  of  relatively  least  disturbance  was  from  iSSi  to 
1SS5  and  of  greatest  disturbance  centering  around  IQ03.  Be- 
tween these  times  the  wave-like  appearance  is  significant  of 
alternating  storm  and  calm  that  necessitates  much  reading 
between  the  lines. 

Value  of  the  Count.  —  Any  statistical  summary  of  strikes 
and  lockouts,  while  being  of  unquestioned  importance,  must 
not  be  taken  as  saying  the  final  word.  The  industrial  signifi- 
cance is  shown  only  so  far  as  numerical  statement  goes.  One 
strike  is  by  no  means  the  equivalent  of  another,  though  each 
counts  one  in  a  table.  Counting  establishments  involved  helps 
to  remedy  this  defect.  The  number  of  persons  engaged  in  the 
strike  and  the  number  thrown  out  of  work  as  a  direct  result 
shed  further  light  on  their  significance.  In  Chart  No.  5  the 
curves  show  the  changes  in  each  of  these  particulars.  The 
steady  rise  of  the  curve  of  number  of  strikes  tells  its  own  story. 
Much  more  irregular  are  the  changes  in  the  number  of  establish- 
ments affected.  The  number  of  strikers  and  persons  thrown 
out  of  work  reveals  the  most  irregular  situation.  At  three 
previous  points  is  the  line  higher  than  at  its  end.  From  1890 
to  1S98  the  number  of  strikes  shows  ;•.  decline.  The  number 
of  establishments  reveals  the  same  excc{)t  there  are  /reater 
variations.  In  both  of  these  curves  the  1890  point  is  higher 
than  the  1S98  point.  Neither  of  these  cur\cs  reveals  so  clearly 
the  situation  in  1894  as  does  that  of  the  number  of  strikers. 
From  1899  to  the  end  the  relative  changes  in  the  curves  are 
less. 

Other  considerations  are  of  great  consequence  both  industrially 
and  socially.  These  cannot  be  measured  statistically  and  there- 
fore are  not  capable  of  being  introduced  into  a  table  or  plotted  in 
a  curve.  High  or  low  wage  labor  amounts  to  more  than  a  simple 
estimate  of  total  wages  lost.     High  wage  and  therefore  skilled 


ijo    AX  IXTRODUCTIOX  TO  STUDY  OF  ORGANIZED  LABOR 

CHART  NO.  2 
Number  of  Striiles  and  Lockouts  Combined 


4,000 
J.500 
3.000 
2,500 
2,000 
1.500 
1.000 
500 
0 


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CHART  NO.  3 

Number  of  Establishments 


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THE  STRIKE 


171 


CHART  NO.  4 
Number  of  Strikers  and  Persons  Thrown  out  of  Work 


CC 

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CHART  N'O.  5 

Strikes  and  Lockouts:  Establishments  and  Strikers 

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800,000 
750,000 
700,000 
650,000 
600,000 
550,000 
500,000 
450,000 
400,000 
350,000 
300,000 
250,000 
200,000 
150,000 
100,000 
50,000 


Numbei  ot  strikes  and  lockouts 


C  •  Number  of  strikers 


172    AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

labor  can  better  alTord  the  tinuncial  strain  of  a  strike.     Even  a 
short  strike  of  low-wa^e  laborers  may  be  more  serious  in  its 
effect  upon  the  strikers  than  one  of  somewhat  longer  duration 
in  which  hiRh-wage  workmen  are  involved.    Similarly  complex- 
ity of  plant  and  character  of  machinerv-  and  other  equipment 
greatly  mcxlify  conclusions  drawn  solely  from  duration  of  a  strike. 
Again  the  nature  of  the  industry  is  important.     Here  the 
matter  is  one  of  broader  social  significance.     A  public  utilities 
strike  is  at  once  recognized  as  serious.    The  line  is  not  easy  to 
draw  because  the  ditTerences  between  public  utilities  and  private 
enterprises  are  after  all  differences  of  degree  rather  than  kind. 
An  anthracite  coal  strike  converts  many  to  the  policy  of  public 
ownership  of  mines.    Serious  railroad  strikes  always  start  pub- 
lic agitation  for  compulsory  arbitration  and  government  owner- 
ship.    Manufacturing  establishments  that  supply  the  markets 
with  lu.xuries  might  be  closed  for  months  without  causing  much 
comment  outside  of  a  narrow  circle  of  consumers  in  addition 
to  the  employees  and  employers  directly  concerned.     On  the 
other  hand,  let  the  bakers  of  a  city  go  on  strike  for  a  day  and 
the  entire  populace  is  disturbed.     Necessities,  necessar\-  com- 
forts, comforts,  luxuries  are  difficult  of  defmition.     Their  elas- 
ticity of  demand  does  not  yield  to  accurate  analysis.     They 
cannot  easily  be  subordinated  to  tabular  statement.     Yet  no 
one  can  doubt  that  they  demand  consideration  in  any  effort 
to  measure  either  the  industrial  or  the  social  significance  of 
strikes  and  lockouts. 

It  must  be  remembered  that  the  average  strike  like  the  aver- 
age man  is  a  statistical  fiction.  No  strike  is  at  all  likely  to  last 
the  average  length  of  time.  Much  less  probably  will  it  involve 
the  average  number  of  workmen.  Similarly  in  no  period  of 
time  will  there  be  the  average  number  of  strikes,  with  the  aver- 
age amount  of  time,  wages  and  other  losses  incurred. 

Statistics  of  strikes  have  a  meaning  and  their  compilation  is 
a  distinct  service.  Their  value  should  be  measured  in  relation 
to  other  facts  and  must  not  be  overestimated. 


CAUSES   OF   STRIKES 


The  problem  of  assigning  causes  to  strikes  is  one  of  serious 
tuiiicuiL>.  iviaiiy  irouDicsomc  cicmcni..^  eiii;.-!  :;;  lsj  •_«■;; i::--lv; 
to  the  confusion.  The  distinction  pointed  out  between  attack 


THE  STRIKE 


173 


Strikes  and  defense  strikes,  if  consistently  made,  would  aid  in 
clearing  up  some  of  the  confusion.  There  are,  however,  other 
points  that  remain. 

Value  of  Stating  Causes.  —  The  support  of  public  opinion 
is  coming  more  and  more  to  be  regarded  as  a  valuable  asset 
in  time  of  st;ike.    This  leads  to  statements  of  causes  that  are 
framed  (or  their  effect  on  public  opinion.    To  the  extent  that 
this  is  done  a  classification  of  causes  becomes  unrelial)le.     A 
few  years  ago  i  desperate  strike  occurred  on  the  street  car  lines 
of  a  large  eastern  city.     The  system  was  completely  tied  up 
and  the  city  tmally  put  under  practically  martial  law.     The 
strike  began  because  two  or  three  men  refused  to  join  the  union 
that  had  recently  been  formed.     The  men  demanded  their 
discharge;   the  company  refused;  and    the   strike  was  called. 
A  committee  of  the  strikers  consulted  a  lawyer  to  secure  his 
services  as  counsel  during  the  strike.    He  refused  to  act  in  such 
capacity  unless  the  strikers  changed  their  demands  and  asked 
for  an  increase  in  wages.     The  company  was  very  unpopular. 
For  months  the  city  government  had  been  trying  to  secure 
transfers  and  these   the   company   steadily   refused   *o  grant. 
Even  policemen  and  mail  carriers  were  obliged  to  pay  fares. 
The  protits  of  the  company  were  popularly  supposed  to  be 
large.     It  was  thought  that  while  a  demand  to  unionize  the 
lines  would  not  meet  with  general  support,  a  struggle  for  an 
advance  in  pay  would  win  popular  approval.     The  change  in 
tactics  was  made  and  the  strike  fought  through  on  the  question 
of  wages.    In  the  final  settlement  a  wage  increase  was  granted, 
while  the  non-union  men  were  retained  in  the  ser\ice  of  the 
company  but  with  the  understanding,  however,  that  they  should 
be  used  only  as  barn  men,  not  to  be  given  routes     The  cause 
of  this  strike  was  unionism.     It  was  fought  through  with  the 
public  understanding  that  an  advance  in  wages  was  the  issue. 
The  result  was  that  wages  were  advanced  while  the  question  of 
unionism  was  compromised.     An  aggressively  fought  teamsters' 
strike  in  Chicago  in  1905  was  ostensibly  undertaken  in  defense 
of   the  garment  workers,   though,   as  Jane   .\ddams  explains, 
it  really  arose  from  causes  "so  obscure  and  dishonorable  that 
they  never  yet  have  been  made  public."    The  laundry  workers 
of  Chicago  more  recently  met  and  drew  up  a  set  of  demands 
f.^_  f!-^.;-  „__,„!.„...„_^'  f-..-.p.ciVi.f>rp.tir>n-    There  had  iust  been  formed 


174     ^N   INTRODUCTION  TO  STIDV  OF  OR(;ANIZr.D  LABOR 

till'  Laundry  Owners'  Association.  When  the  demands  were 
presented,  they  were  promptly  refused  and  the  next  day  the 
laundry  workers  found  tliemselves  Imked  out  from  their  own 
concerns  and  also  from  every  other  laundry  in  the  association. 
On  a  larj^e  interurhan  trolley  line  a  hard  fought  strike  arose 
in  which  the  strikers  demanded  more  i)ay  a  .d  better  hours. 
In\e>tiKalion  afterward  showed  that  this  strike  was  really  a 
ca-e  of  a  union  newly  formed  with  agRressivc  young  men  as 
kadir^  trying  themselves  out. 

When  the  question  of  legality  may  he  involved,  the  statement 
of  causes  becomes  still  less  reliable.     In  a  strike  of  bricklayers 
in  Massachusetts,  the  emi)loyers  ai>pealed  to  the  court  to  have 
the  strike  declared  illegal.     Before  the  court  four  causes  or  ob- 
jects of  the  strike  were  named:  increase  of  wages,  shorter  day, 
foremen  to  be  members  of  the  union,  and  free  access  to  the 
buildings  for  the  business  agents  of  the  union.     In  writing  the 
opinion   the  judge  considered   the  lawfulness  of  these  causes. 
The  first  two  were  lawful  objects  of  a  strike.     The  third  and 
fourth  raised  '"more  dilTicult  fjuestions."     But  the  judge  found 
it  unnecessarv  to  deal  with  that  ditficulty.     The  employer  had 
replied  to  allfour  demands  with  a  refusal.    That,  in  the  opinion 
of  the  court,  made  the  strike  simply  one  for  higher  wages  and 
a  shorter  day,  and  therefore  a  lawful  strike.    Had  the  third  and 
fourth   demands   been   urged   alone   the  outcome   might  have 
been  quite  different.    (W    Icutt  is.  Bricklayers'  Union,  85  N.  E., 
807.)     Here  is  a  method  that  unionists  may  be  quick  to  take 
ailvantage  of  in  those  states  where  the  legal  rights  of  the  strike 
are  more  restricted.    To  whatever  list  of  grievances  the  workmen 
may  have  it  needs  but  the  addition  of  one  or  two  concerning 
wages  and  the  hours  of  labor  and  the  legality  is  assurecl.    The 
legal  security  gives  a  lighting  advantage,  but  such  tactics  will 
greatly  obscure  statements  of  causes  of  strikes. 

From  these  several  considerations  it  is  evident  that  to  formu- 
late clearly  the  specific  causes  of  strikes  is  extremely  difficult, 
quite  entirely  defeating  scientific  accuracy.  At  the  same  time 
the  analyses  that  have  been  made  and  those  that  will  continue 
to  be  made  have  a  practical  usefulness.  They  assist  in  revealing 
tendencies.  They  approximate  a  sufficient  degree  of  exactness  to 
enable  them  to  be  used  safely  as  bases  for  programs  of  regulation 
if  such  programs  are  careiuiiy  [rained  ana  rcvista  ai  iiilervuio. 


THE  STklKi: 


^/3 


Classification  of  Causes.  —  An  c-lalwrate  analysis  of  causes 
apiRars  in  ihe  federal  Rovernnient  rei)urt  already  referred  to. 
Fourteen  causes  are  named  as  coverinR  the  field.  Thes  •  are, 
(i)  For  increase  of  wages;  (2)  .-Xgainst  reduction  of  wage;  ;  (3) 
For  reduction  of  hours;  (4)  Against  increase  of  hours;  (5)  Con- 
cerning recognition  oi  union  and  union  rules;  (6)  Concerning 
employment  of  certain  persons;  (7)  Concerning  employees 
working  out  of  regular  occupation;  (S)  Concerning  overtime 
work  and  pay;  (g)  Concerning  method  and  time  of  payment; 
(10)  Concerning  Saturday  part  holiday;  (11)  Concerning  dock- 
ing, fmes,  and  charges;  (u)  Concerning  working  conditions 
and  rules;  (13)  In  sympathy  with  strikers  and  employees  locked 
out  elsewhere;  (14)  Other  causes  not  specified  above.  As  strikes 
so  frequently  result  from  several  causes,  it  is  necessary  to  double 
the  list,  including  for  each  particular  cause  named  another  in 
which  that  cause  enters  as  in  part  res|)onsible.  As  in  case  of 
a  strike  because  of  wages,  it  may  be  solely  for  an  increase  or 
it  may  be  for  an  increase  of  wages  combined  with  one  or  more 
other  causes. 

Of  the  several  causes  named,  the  most  important  are  those 
growing  out  of  wages,  hours  of  labor,  and  recognition  oi  the 
union.  Of  these  the  question  of  wages  has  during  the  twenty- 
five  year  period  been  the  most  disturbing.  As  a  single  cause 
it  resulted  in  '6,918  strikes,  or  43%  of  the  entire  number. 
Coupled  with  other  causes  there  were  3,425  (9%)  more.  Hours 
of  labor  were  responsible  for  a  total  of  1,996  (sA^7c)  as  a  single 
cause  and  combined  with  other  causes  the  result  was  increased 
by  1,853  more  strikes  or  5%  of  the  total.  Recognition  of 
the  union  or  of  union  rules  alone  caused  6,926  strikes  (19','^). 
As  a  contributing  cause  it  led  to  1,658  (4-5'r()  more.  If  these 
are  combined,  it  appears  that  wages  either  alone  or  joined  with 
other  grie\ances  led  to  a  total  of  20,343  (53'x):  hours  of  labor 
3,849  (10*;"^);  and  union  recognition  8,584  (2,2,' [)  during  the 
quarter-century  covered  by  the  investigation.  Employment  of 
certain  persons  caused  alone  2,693  (7-3%)  strikes  and  sympathy 
with  other  strikes  or  with  lockouts  led  alone  to  1,346  (3  6<7). 
These  last  two  causes  do  not  enter  into  combination  so  fre- 
quently as  the  three  that  have  already  been  named.  Under 
the  List  group  of  causes  (14)  there  were  1,624  strikes  (4.5*^^7). 

It  is  evident  that  the  most  disturbing  factor  is  wages,  while 


176   AN  iNiKonrcTioN  r<»  sn-nv  or  ..K<.AM/.i.i.  labor 

,,,ars  of  labor  yields  second  place  to  disputes  over  uni.m  pre- 
ro«ativc-s.  WluM  the  relative  i  n,.ort.nce  of  tlKsc;  actor.  .. 
o!^;-,c.r.d  tlu- conclusion,  ar.  .,nu.wha.  nu>dU.cd      1  he  eu^^^^ 

i„  Chart  No.  0  in.licate  that  in  recent  years  uajjes  do  -t  urn  c 
so  lar^e  a  proporlU.n  of  the  strikes  as  fornierl  .  I  he  curve 
t louJh  irrcUlar.  falls  very  perceptU,ly.  On  the  other  hand. 
,:;:;  ..co^mtion,  at  hrst  of  relatively  sn,all  -•"-'l--' ^j^  ;, 
steadilv  increases  in  importance  unt.l  at  the  clo>e  ot  th  p.r  k1 
it  sucJessfuUv  rivals  wa^es  in  signil.cance.  I  ^'^-'^^ /''^ -"  . 
period  >n  which  these  two  factors  show  a  tendency  to  han, 
places,  the  c,uestion  of  hours  does  nc.t  vary  m>  '-l-  ^^^  ^'^ 
any  great  extent,  remaining  in  its  relation  below  both  of  the 
others  during  practically  the  entire  period. 

I  h  ciue't'ion  of  complex  causes  l.  raised  it  is  seen  from 
Chart  No  7  that  there  is  but  little  change.  Causes  of  strikes 
ha^^n.er.dlv  been  single  causes.  Combinations  .>  grievances 
have  been  suix.rdinate  in  importance,  with  a  slight  ten.lencj  f. 
increase  in  the  last  ten  years  of  the  period.  Of  the  entire  numb  r 
;"f  strikes  for  the  period,  3^10,  or  S^,l  grew  out  of  a  single 

^"causes  of  Lockouts.  -  The  above  statement  pertains  to 
sthkcTonlv  As  to  lockouts  the  in.portance  o  the  causes 
lunges  ".mewhat.  Recognition  <,f  the  union  and  union  rules 
head  the  list  These  causes  combined  led  to  43'  <  of  the  entire 
numb,  of  lockouts  during  the  period.  These  causes  were  very 
persistent,  no  one  of  the  twenty-five  years  under  reuc.v  I^a^sed 
without  one  or  more  lockouts  occasioned  by  them.  ^^^  number 
was  generallv  well  distributed.  In  18S1  there  -as  one  suA 
lockout.  Afier  that  year  the  lowest  number  was  si.v,  in  1882, 
•ind  the  largest  was  76  in  iqo.v 

I)isDU  es Over  wages  ranked  second  in   importance  among 
Disputes  o\er   ^^^b  number,  whi  e  hours 

lockouts,  being  responsible  for  25/0  ol  the  numuer, 
of  labor  caused  only  7%-     (See  Chart  No.  8.) 

RESULTS   OF   STRIKES 

It  is  difficult  to  measure  the  results  of  strikes  and  lockouts 
The  conseciuences  to  industry  and  ^o-ciety  arc  bc.th  far-reach^ 
intr  'ind  complex.     No  tabuiai  sLaL^ii......  ^^..    ■-  - 

brace  th^^  -U-    It  should  not  be  overlooked  that  a  strike  may 


THt  STRIKE 
CHART  \U    u 

Strikes  CosTERMNr.  Wages,  Hocrs  an'u  I'mon  kht  w  .MTutN 

^•r»*fn^-ii^ig»^mo»o^-^im»rin<o'^«oc     ^  —  c^  t-^  ■^      i 

OO  CO  OO  OO  CO  OO  OO  flO  VO  40  <o  OO  OO  OO  OO  QO  oo  oo   o>   &t  ^    Ot    ^   ^ 

BO 
75 
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30 
25 
20 
15 
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5 

0 

A-  Per  ctnt  itiliei  concerning  wigei  alone  ~^—.      B-  Hours  alone  - 
C-  Recoflniiion  of  unions  end  union  rules 


177 




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f.^'-.-l'^^^^ ^ — ^i 

CHART  \0.  7 

Strikes  for  Combination  of  Causes 


flO    CD   OO   ao   OO    CO    oo   eo    oo    O)    0>   09   0>    w   a30>0>0)03^00000 
OO   OO    QO   CO   OO    CO    OO   OO    OO    CO   OO   QO   CO   OO   OO    OO   OO   OO   OO    Oi    (^    &i    Oi   a)   Oi 


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Per  cent  strikes-wages  and  various  causes Hours  and  various  causes  < 

Unions  and  various  causes  ->— — 


178    AN  INTRODUCTION-  TO  STUDY  OF  ORGANIZED  LABOR 

CHART  NO.  8 
Lockouts  Duk  to  Wages,  Holrs  and  Union  Recognition 


"Number  of  lockouts  due  to  wages  .lone Due  to  hours  alone  **— * 

Oue  to  unions,  union  ,  Jes  v     -^ployers'  organizations 

be  brought  to  a  close  by  the  strikers  returning  to  work  when 
this  is  but  a  tactical  move  only.    It  may  appear  that  a  temporary 
yielding  will  give  some  important  advantage  which  may  be 
used  later    Then  when  the  later  time  arrives  the  strike  is  cal  ed 
again     It  may  show  from  the  point  of  figures  as  another  strike^ 
Yet  so  far  as  the  underlying  industrial  relations  are  conct^rned 
it  may  be  a  continuation  of  the  same  strike;  the  same  strike  in 
two  or  more  acts.    If  a  more  limited  meaning  be  taken,  however, 
it  is  easier  to  review  the  results.    If  strikers  win  what  they  are 
after  as  the  result  of  the  strike,  that  strike  may  be  called  a  suc- 
cess    The  opposite  outcome  would  then  be  called  a  failure.    In 
case  there  were  several  points  in  dispute  and  some  were  gained 
by  strikers,  the  strike  might  be  called  successful  in  part,  or  a 
failure  in  part,  determined  by  the  point  of  view.    W  ithin  this 
limited  meaning  of  the  terms,  an  analysis  of  the  strikes  shows 
the  following  results.     Taking  the  number  of  establishments 
as  a  basis  of  analysis  it  appears  that  strikers  won  their  point  in 
48%  of  the  establishments,  lost  in  37%.  and  succeeded  part  y 
;n  7c07.     This  analysis  shows  the  larger  net  result  favorable  to 
strikers;  though,  if  the  employers  be  allowed  to  cjual  pa.liai 


THE  STRIKE 


179 


successes  as  also  partial  failures,  then  slightly  over  one-half 
of  the  results  ($2%)  were  against  the  strikers.  The  fact  that 
each  side  must  add  the  partial  results  to  secure  a  clear  net  gain 
indicates  how  uncertain,  after  all,  the  outcome  is  and  how 
nearly  matched  the  opposing  forces  really  are. 

A  similar  analysis  of  lockouts  indicates  not  quite  the  same 
conclusions.  Employers  succeeded  in  enforcing  their  point 
i"  579(  of  the  establishments,  failed  entirely  in  i2'^'c,  and  suc- 
ceeded partly  in  11%.  Here  the  employers  have  a  clear  ma- 
jority to  their  credit,  though  not  a  very  wide  margin  of  safety. 
Presumably  the  employer  is  better  able  to  estimate  his  chances 
of  success  and  can  act  with  greater  promptness  and  suddenness. 
These  advantages  doubtless  account  for  the  comparatively  large 
proportion  of  successes  that  attend  lockouts  as  compared  with 
strikes.    (See  Table  No.  9  and  Charts  Nos.  10  and  11.) 


in  0>0  sO   O^oO  ►^  O  r^O  i-i  «  <N  »H  POO  f^^ 


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3vh-r^co^Oi^^or-»Tt--<i'^*o—    C>t-toO^'OCN^C 

(N   ci  p?  pI  c^T  o  O  CO  CO  ^OO  uo  *too  o"  Lnod  co-    o^O   to   OOO 

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o-  o^  i^  o  o- 


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THE  STRIKE 


sta 


CHART  NO.  10 


Success  of  Strikes 

ODoocoa3oocoasooa3030)0303aio:iO>3050>oooo2S 
cOeoeocooococooococoeoaoaoaoaoaococsaoCDasasaaoso 


80 
75 
70 
65 
60 
55 
50 
45 
40 
35 
30 
25 
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Pel  cent  strilui  succeeded Pecily  succeeded 

(Based  on  establishments) 


Failed--— 


CHART  NO.  II 


Success  of  Lockouts 


oo  oo  oo  oo  GO  CO  oo  CO  CO  CO  CO  CO  CO  CO  CO  CO  oo  CO  o>  03  03  en  OS   O) 


Percent  lockcuti succeeded 


—  Partly  succeeded  - 
Vouwi  uii  uiauiisiiiiienU; 


fiiled— —  — 


l82    AN  IN  IRObUCTION  TO  STUDY  OF  ORGANIZED  LABOR 
ORGANIZED   LABOR   AND  STRIKES 

By  no  means  do  all  strikes  involve  labor  organizations  nor 
are  they  caused  by  such  organizations  only.  Further  analysis 
of  the  dat-  covering  the  period  to  which  so  much  attention  has 
already  been  given  will  reveal  more  definitely  the  relation  of 
labor  unions  to  strikes.  Unions  were  responsible  for  47%  of 
the  strikes  that  occurred  in  1881  and  75%  of  those  in  1905. 
During  the  inter\-ening  years  the  percentage  never  fell  below 
48%  and  rose  higher  than  S2%,  the  median  being  65%  and  the 
percentage  for  the  entire  period  69%. 

When  the  number  of  establishments  is  considered,  it  is  found 
that  the  unions  caused  77%  i"  i8«i  ^"d  92%  in  1905.  the 
median  being  89%  and  the  percentage  for  the  period  90.  (See 
Table  No.  12  and  Chart  No.  13).  Thus  it  appears  that  organi- 
zations have  been  the  more  aggressive  in  calling  strikes  and  that 
these  strikes  have  been  conducted  on  a  larger  scale,  involving 
a  proportionately  large  number  of  establishments. 


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fN-)w  M  tninN.c5  Q  *!? 


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CO   tt-*^   f^O   "tCfO   -^lofo^   locc   0   0   0 


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lS4    A\  INTRODUCTIOX  TO  STUDY  OF  ORGANIZED  LABOR 

CHART  NO.  13 
Proportion  of  Strikes  Ordered  by  Union  and  Non-Union  Men 

ia3SooSooaoaooooocna>a>o>o>05ascnO>92SSS^SS 


CO  00  CO  oo  oo  00  eo 


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80 
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40 
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Per  cent  strikes  wdered  by  organlzeo  Ijbor 


Per  cent  strikes  not  ordered  by  orgjnted  Itbor  »■  ■  ■  ■ 

In  terms  of  results  a  distinction  may  again  be  made  between 
strikers  acting  through  organization  and  those  striking  by  some 
concerted  action  that  could  not  properly  be  called  a  labor  or- 
ganization. Speaking  in  terms  of  establishments  and  referring 
to  the  strikers  as  union  or  non-union,  it  appears  that  in  1881  the 
unions  succeeded  in  65%  of  the  estabhshments,  partly  suc- 
ceeded in  7%  and  failed  in  28%.  In  1905  success  came  in  42%, 
partial  success  in  11%,  and  failure  in  47%  of  establishments, 
the  median  being  54%  success,  12%  partially  successful,  and 
34%  failure;  and  the  percentages  for  the  entire  period  being 
respectively  49%,  16%,  and  35%.  Compared  with  this  show- 
ing for  organized  strikes,  the  non-union  strikes  show,  for  188 1, 
success  in  49%  of  the  establishments,  partial  success  in  8%,  and 
failure  in  43%.  For  the  last  year,  1905,  the  respective  percent- 
ages are  24,  13,  and  63.  The  medians  for  the  three  are  31%, 
cTc  and  58%,  and  the  percentages  for  the  period  are  34,  10, 
and  56.    (See  Charts  14,  15.) 

/"»„  «u.."  vvVk-sIo  tVip  fif.'.ri'R  thrnw  dnubt  uDon  the  abilitv  of 
unions  to  hold  their  own  as  strikin;,'  organizations.    The  same 


THH  STRIKE 


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tS6   ax  ixTRfinrcTiox  to  sTrnv  or  nRo.wi/.Ki)  i.afior 


seems  to  he  true  in  establishmrnts  where  the  strikes  are  not 
ordered  by  the  hibor  orpani/ations.  Unions  are  mor"  aggres- 
sive, perhaps  to<i  aggressive  to  assure  success.  I'norgani/ed 
groups  on  the  other  hand  may  defer  a  strike  until  conditions 
become  so  serious  that  when  they  finally  do  undertake  a  strike 
their  chances  for  success  are  much  greater. 

Difficulty  of  Interpretation.  —  Much  interest  centers  around 
the  question  -.vhether  or  not  strikes  are  increasing  in  number 
and  importance.  Though  the  data  gathered  for  the  period  of 
twenty-five  years  are  so  abundant  in  details,  there  is  difficulty 
in  inter])reting  them.  The  changes  in  industrial  organization 
have  altered  materially  the  number  of  establishments  as  well 
as  the  relations  existing  between  them.  The  number  of  em- 
ployees is  changing  in  proportion  to  establishments.  Unions 
are  increasing  in  number,  are  including  steadily  larger  propor- 
tions of  unskilled  workmen,  and  are  adopting  new  policies. 
All  of  these  as  well  as  other  changes  e.xert  an  influence  on  strikes 
which  makes  any  comprehensi\e  inteq^retation  of  their  number 
uncertain.  Though,  as  has  been  said,  the  data  thus  collected 
covering  a  period  of  twenty-fi\e  >cars  have  a  certain  value,  they 
are  important  because  suggestive  rather  than  other^vise.  The 
fact  that  no  effort  is  being  made  by  the  Department  of  Labor 
to  continue  the  reports  serves  in  itself  to  indicate  that  they  are 
not  of  enough  importance  to  warrant  the  necessary  e.\penditu'-e 
of  time  ^nd  money. 

In  two  different  detailed  studies  of  these  figures  may  be 
found  expression  of  their  significance.  With  rega/d  to  the  etTect 
of  unionism  on  strikes  as  shown  by  the  past,  Huebner  says 
in  the  Twelfth  Biennial  Report  of  the  Wisconsin  Labor  Com- 
missioner: "On  the  basis  of  the  number  of  strikes  the  efTect  is 
to  check  the  increase  as  trades  unionism  l)ecomes  older  and 
more  experienced;  on  the  basis  of  the  numt)er  of  employees 
and  establishments  affected  by  strikes,  the  effect  is  to  accelerate 
the  increase.  The  character  of  the  strike  is  being  changed  by 
the  union  so  that  it  is  becoming  of  increasingly  widespread 
importance  to  both  parties  and  to  the  community  at  large.  .  .  . 
Union  strikes  are  not  becoming  more  successful  even  th(^ugh 
unionism  is  being  more  and  more  thoroughly  orga'^ized.  .  .  . 
Furthermore,  trades  unionism  .nfTect'^  the  causes  of  strikes  by 
reducing  the  importance  of  the  jnirtly  standard  causes  (wages 


THF.  STRIKE 


187 


and  hours)  an-l  inrreasinK  the  importance  of  trades  unionism 
(closed  shop,  union  rules,  etc.)  as  a  cause  of  strikes." 

In  an  elaborate  study  of  strike  statistics  Professor  Cross 
analyzes  the  tiRures  from  many  important  angles  and  sums  up 
his  conclusions  in  ten  points. 

"(i)  That  strikes  have  increased  absolutely,  that,  as  com- 
pared with  the  growth  in  population,  they  have  increased 
relativelv,  although  there  may  be  some  doubt  as  regards  their 
relative 'increase  when  compared  with  the  increa.-,e  of  wage 
earners  in  the  manufacturing  industries. 

"(2)  That  the  numljer  of  union  strikes  has  increased  more 
rapidly  since  1896  than  ever  before. 

"(3)  That  it  is  not  so  much  the  restraining  influence  ot 
unionism  as  the  loss  of  membership  and  bargaining  power, 
together  with  some  decrease  in  the  number  of  unions,  that 
causes  a  decrease  in  the  number  of  union  strikes  during  periods 
of  business  depression. 

"  (4)  That,  as  strikes  increase,  the  average  number  of  strikers, 
establishments,  and  employees  affected  per  strike  decrease, 
and,  as  strikes  decrease,  the  size  of  the  a^-erage  strike  increases. 

"(S)  That  the  average  number  of  strikers,  establishments 
and  employees  affected  per  strike,  -  i.  e..  the  size  of  the  average 
strike,  —  has  tended  to  decrease  since  1896. 

"  (6)  That,  as  unions  grow  stronger,  the  tendency  is  for  the 
average  union  strike  to  decrease  in  size  and  importance. 

"(-)  That  the  percentage  of  successful  strikes  decreases 
during    periods  of    business    prosperity  and    increases  during 

'hard  times.' 

"  (8)  That  compromised  strikes  are  becoming  more  numerous. 

"(9)  That  union  strikes  are  not  becoming  more  successful, 
even  though  unionism  is  being  more  thoroughly  organized. 

"(10)  That  trades  unionism  affects  the  causes  of  strikes  by 
reducing  the  importance  of  hours  and  wages  and  by  increasing 
the  importance  of  union  rules,  closed  shop,  recognition  of  the 
union,  etc.,  as  causes  of  strikes." 


CHAPTER   XI 
THE   STRIKE  (Continued) 


VIOLENCE 

Violence  in  strikes  is  a  stumbling  block  to  many  would-be 
defenders  of  labor  organizations.  Its  {)resunce  leads  many  to 
assume  that  a  peaceful  strike  is  quite  impossible.  It  is  not  to  be 
wondered  at  that  this  confusion  exists.  Even  judges  whose 
minds  have  been  trained  to  the  task  of  drawing  correct  inferences 
have  been  so  fully  impressed  with  the  prevalence  of  violence  that 
they  have  been  led  to  make  somewhat  exaggerated  statements. 
"Of  the  ideal  strike,"  writes  Judge  Jenkins  from  the  United 
States  Circuit  Court  Bench,  the  objection  is  "that  it  is  ideal, 
and  never  existed  in  fact."  "It  is  idle  to  talk  of  a  peaceable 
strike.  None  such  ever  occurred.  The  suggestion  is  impeach- 
ment of  intelligence.  From  first  to  last  .  .  .  force  and  turbu- 
lence, violence  and  outrage,  arson  and  murder,  have  been 
associated  with  the  strike  as  its  natural  and  inevitable  con- 
comitants. ...  A  strike  without  violence  would  equal  the 
representation  of  the  tragedy  of  Hamlet  with  the  part  of  Ham- 
let omitted."  (Farmers'  Loan  and  Trust  Co.  vs.  No.  Pacific 
R.  R.  Co.) 

Mr.  Justice  Brewer  declares  "the  common  rule  as  to  strikes" 
to  be  not  merely  to  quit  employment  but  the  employees  "for- 
cibly prevent  others  from  taking  their  places.  It  is  useless  to 
say  that  they  only  advise;  no  man  is  misled."  If  the  training  of 
judges  does  not  protect  some  of  them  against  such  generaliza- 
tions, it  is  not  surprising  that  others  fall  into  much  the  same 
error. 

A  generalization  equally  erroneous  would  be  one  asserting 
that  violence  is  never  an  essential  element  in  strikes.  Few  fall 
into  such  an  error.  Perhaps  the  labor  leaders  themselves  come 
as  near  to  it  as  any.  Their  general  belief  is  not  only  that  strikes 
may  be  conducted  without  violence  but  that  they  are  so  con- 

i88 


THE  STRIKE 


189 


ducted.  John  Mitchell  may  be  rcRarded  as  their  spokoMiian 
when  he  declares  that  violence  should  never  Ik-  tolerated  by 
strikers  or  leaders.  It  is  a  tactical  error.  Iktter  lose  a  strike, 
advises  this  leader,  than  resort  to  violence  to  vNin  it.  Speaking 
of  the  actual  occurrence  of  violence  he  says:  "The  amount  of 
violence  actually  committed  is  grossly  exaj^^'erated  aii'l  that 
which  is  fairly  traceable  to  the  officials  of  trade  unions  is  almost 
infinitesimal.''  As  to  the  seriousness  of  this  form  of  violence  he 
a.s.serts  that  more  men  are  killed  every  Fourth  of  July  from 
accidents  as>ociated  with  the  celebration  of  the  day  than  are 
killed  "in  all  the  strikes  in  all  the  cities  of  the  country  on  all 
days  of  the  year."  Further,  Mr.  Mitchell  pointedly  adds  that 
during  the  five  months  of  the  great  anthracite  coal  strike  of 
igo2  the  number  of  men  killed  was  only  eight,  while  on  the  basis 
of  accident  records  in  the  mines  he  estimates  that  if  the  mines  had 
been  operated  during  this  time  no  less  than  200  men  would  have 
been  killed  and  600  seriously  injured. 

Unsatisfactory  Evidence  of  Facts.  —  Though  many  opin- 
ions have  been  expressed  on  the  subject  of  violence,  but  little 
actual  evidence  is  at  1  and  as  to  the  facts. 

An  investigation  -een  made  extending  from  Jan.  i,  1902,  to 

Oct.  I,  1904,  based  .  a  search  of  newspaper  records  for  that 
period.  The  results  were  published  in  the  Outlook,  in  December, 
1904.  They  show  much  of  the  characteristic  newspaper  atti- 
tude of  exaggeration  and  varying  degrees  of  sensationalism. 
Taking  these  figures  at  their  face  valui  the  investigation  showed 
that  during  these  thirty-three  months  serious  violence  attended 
strikes  in  30  states.  The  total  number  killed  was  198,  of  whom 
125  were  non-union  men;  56  were  union  strikers;  and  17  were 
officers.  The  total  number  injured  was  1,966:  non-union  men 
i,u26;  strikers  773;  and  officers  167.  The  total  arrests  were 
6*1 14:  415  non-union  men,  and  5,699  strikers.  The  claim  is  that 
this  report  includes  only  the  accounts  that  found  their  way  into 
the  papers  and  that  it  should  be  offset  by  the  counterclaim  that 
the  reports  are  doubtless  exaggerated.  As  these  two  counter- 
claims are  not  of  equal  force,  it  still  leaves  in  doubt  the  truth  to 
be  read  from  the  figures. 

Comparing  strike  violence  with  violence  growing  out  of  other 
causes  one  authority  finds  tlie  former  "as  dust  in  the  balance." 
In  this  same  period,  as  it  is  pointed  out,  lynching  parries  caused 


igo    AN  INTRODIC  riON    lO  STUDY  01    Ok(.A.\l/.l.l  •  l,\IH)K 

more  deaths  by  70'  ,'  than  <;trikes.  In  N'ew  York  (Mty  there  arc 
four  times  as  many  arrests  t..r  ass.iult  an«l  battery  as  for  smii- 
liar  violence  due  to  -trike-  in  liie  uliole  I  iiitrd  States.  Taking 
tlif  held  vif  industrial  aaidents,  it  is  further  emj.haM/ed  that 
reliable  e>timate>  show  that  fer  the  same  period  -',400  jiersons 
were  killed  in  industry,  ^0,400  disabled  for  life,  not  to  liM  the 
SI,, res  of  thousands  disabled  only  temiiorarily.  1  hiring  the 
luriod  of  thirty-three  month-  al)ove  reft  rred  to.  it  is  asserted 
by  the  editor  of  the  Mine  Workers  Journal  that  no  less  than  900 
min  lo-t  their  ii\es  in  coal  mints,  and  in  every  one  of  these 
casts  a  (oroner's  jury  found  the  accident  to  l)e  the  result  of 
willful  violation  of  law  on  the  jiart  of  the  mine  operators. 

To  such  a  comparison  other  authorities  object.  The  trade 
unionists  belong'  '  .  the  more  intellii^'ent  and  more  peacefully 
indined  membiT>  of  society.  Their  depredations  in  time  of 
strike  are  not  to  be  mininu/id  by  placing  them  alongside  of 
events  and  i)eople  betwe*  11  whom  and  themselves  there  is  no 
fair  basis  of  comparison.  .Vmon^  other  objections  to  statistical 
tabulation  of  strike  violence  it  is  ur^ed  that  they  are  radically 
incomplete  and  Rcnerally  untrustworthy. 

Is  Violence  Increasing?  -  Whether  violence  is  increasing  or 
not  it  is  impossible  to  establish  satisfactorily.  Between  the  two 
extremes  of  statement,  the  one  by  the  opj)onent  of  all  labor's 
activities  and  the  other  by  union  otBcials,  there  seems  to  be 
plenty  of  middle  ground. 

Older  unions  are  supposed  to  exercise  greater  influence  toward 
peaceful  methods.  Moral  suasion  and  the  "silent  treatment" 
are  undoubtedly  sometimes  very  effective.  One  who  claims  to 
have  been  personally  connected  with  the  management  of  200 
strikes  denies  any  knowledge  of  strike  violence,  either  sponta- 
neous or  systematic.  The  worst  was  "a  few  personal  brawls 
magnified  into  riots  by  news-hungry  reporters." 

.\fter  a  careful  study  of  a  large  number  of  strikes  extending 
back  into  the  early  years  of  the  last  century,  Professor  T.  S. 
.Aidams  concludes  that  "in  any  strike  of  a  given  size  there  is  less 
likelihood  of  violence  to-day  than  there  would  have  been  sixty 
years  ago;  but  owing  to  the  undoubted  increase  in  the  number  of 
strikes  the  aggregate  volume  of  violence  has  grown  enormously." 

..         -     -      .  .  _^  .      .•    .*        1  .    ..  __    _. .,.K..V.1.^ 

Willie  (ieiiaitc  data  01  a  STulJSliCai   IiaiLiie  a:c   -.-..i;,    u;;;c;;av;-- 

and  while  it  is  exceedingly  difficult  to  draw  any  reliable  conclu- 


Till  sikiKi': 


Ult 


sioiis  as  to  ulicllur  or  not  il  i^  iiu  rcasiiiK,  it  remains  true  that 
after  all  allnwaiiM-  liaxc  Ikcii  made  tdr  misrcpri'sciital  imi  ami 
irr(ir,  an  ainmiiii  nl'  ^^  tual  and  open  \  injinti'  is  far  too  ;^rt  at  to 
ndound  to  tlic  (  ndit  ol'  a  <  i\ili/fd  |/(  o|)h'.  Il  will  he  ri'nu'mlu  red 
that  liurin^'  the  antiiraritf  toai  strike  of  kjoj  tluri-  ua^  nun  h 
dil'fi-r('n(c'(ifo|iini..n  t)asrd  on  contliitiiiK  ri'|)ortsas  to  the  amount 
of  violi'iicr.  'I'lu'  oiurators  wcri'  accused  of  <  xa^^'Tatin^  their 
side  while  the  strike  leaders  were  declared  to  be  com calinj,'  the 
acts  of  strikers.  After  the  heat  of  the  imillii  t  Iuk'  passed  and  a 
deliberate  iiuisti^alion  (i)uld  be  made,  the  commissidn  made 
some  pertinent  comments.  "  It  is  true  that  >  xap^erated  accounts 
of  the  disturbance  were  |)ublished  .md  th.ii  there  was  testimony 
from  reputable  witnesses  tendin;^  to  mimmi/e  them  and  vouchinj^ 
for  the  ),'oo(l  order  of  the  communities  in  which  such  witnesses 
live."  "Justice  re(|uires  the  statement  that  the  leaders  of  the 
organization  which  began  and  conducted  the  strike,  and  notably 
its  president,  condemned  all  violence,  and  exhorted  their  fol- 
lowers to  sobriety  and  mo<leration."  This  temperate  attitude 
was  not  followed  by  tht'  leaders  in  the  local  organizations.  The 
result  was  that  "disorder  and  lawlessness"  existed  "to  some 
extent  over  the  whole  region,  and  throughout  the  whole  jieriixi." 
'■  It  is  admitted  that  this  disorder  and  lawlessness  was  incident  to 
the  strike.  Its  history  is  stained  with  a  record  of  riot  and  bloo<i- 
shed,  culminating  in  three  murders,  unprovoked  save  by  the 
fact  that  two  of  the  victims  were  asserting  their  right  to  work, 
and  another,  as  an  oflicer  of  the  law,  was  performing  his  duty  in 
attempting  to  preserve  ])eace.  Men  who  cho.se  to  be  empio\  ed, 
or  who  remained  at  work,  were  assailed  and  threatened,  and 
they  and  their  families  terrorized  and  intimidated.  In  several 
instances  the  houses  of  such  workmen  were  dynamited,  or  (jther- 
wise  assaulted,  and  the  lives  of  unoffending  women  and  children 
put  in  jeopardy." 

Many  other  strikes  involving  large  numbers  and  important 
issues  serve  as  evidence  of  the  truth  of  the  statement  that  vio- 
lence is  very  general.  West  Virginia,  Michigan  and  Colorado 
are  too  fresh  in  mind  to  need  more  than  naming  as  further 
evidence. 

Because  of  the  difficulty  in  finding  accurate  data  it  is  not 
easv  to  decide  whether  violence  is  increasing  or  decreasing  in 
strikes.    Many  facts  that  make  comparisons  unreliable  cannot 


192    AN  INTRODUCTION'  TO  «TUDY  OF  ORGANIZLD  LABOR 

arbitrarily  be  set  aside.  The  spread  of  unions  among  unskilled, 
illiterate,  and  less  law-abiding  classes  of  laborers  the  appear- 
ance of  the  Industrial  Workers  of  the  World  openly  advocating 
violence  and  the  opposition  to  this  organization  by  the  trade 
unions;  these  and  other  developments  make  it  very  difficult 
indeed  to  measure  violence  in  terms  of  statistics.  _ 

Some  Conclusions.  Passions  Aroused.  -  Reasoning  along 
another  line,  one  not  by  any  means  unsupported  by  a  generous 
array  of  facts,  some  tentative  conclusions  may  be  stated. 
Strife  meens  inevitably  the  arousing  of  passion,  and  where  pas- 
sion dominates,  the  orderly  procedure  is  very  likely  to  be  broken 
over  The  more  important  the  issues  involved  in  a  contest 
the  more  deeply  stirred  the  contestants  will  become.  Primitive 
emotions  come  to  the  surface,  and  unchecked  by  cooler  reason 
thev  express  themselves  in  lawless  ways. 

The  "Sacred  Cause  of  Labor.  "  —  The  laborer  has  been  thor- 
oughly taught  his  history  lesson.  Labor's  path  in  the  past  has 
not  been  strewn  with  roses.  Obstau..  on  every  hand  have 
been  met  and  overcome  only  by  insistent  struggle.  Conse- 
quently "labor's  cause"  is  inevitably  and  necessarily  dear 
to  the  hearts"  of  all  good  union  men.  Heavy  sacrifices  have 
been  made  for  the  cause,  and  the  cause  must  not  suffer.  This 
exaggeration  leads  very  easily  to  a  loss  of  perspective,  a  failure 
to  see  issues  in  their  correct  proportions.  A  blindness  of  reason 
through  the  enhanced  importance  of  an  issue  the  imminence  ot 
which  is  so  clear  leads  to  an  unbridhng  of  forces  held  in  check 
in  ordinary  times     Violence  results.  .     ,    ,  , 

The  "TantaUzing  Employer."  -  The  employer,  schooled  to 
different  methods,  conscious  of  a  certain  advantage,  more  self- 
contained,  not  having  an  aggressive  cause  to  advocate,  has  less 
to  say.  Diplomacy  is  his  weapon,  a  weapon  in  the  use  of  which 
his  contestants  have  been  quite  wholly  unskilled.  The  very 
coolness  and  apparent  indifference  toward  what  the  striker  so 
clearly  sees  as  the  "human  element"  becomes  a  cause  of  ag- 
gravation. Unable  to  break  down  the  employer's  resistance  by 
means  peaceful,  other  methods  are  adopted,  less  peaceful  in 

their  nature.  , 

Expecting  such  a  result,  the  employer  of  course  prepares  for 
:,  >'r„,,..„./^v,;pf  ni  nnlire.  constable,  sheriff;  one  or  all  receive 
notice  of  danger  to  property.    Forces  are  marshalled  as  a  warn- 


THE  STRIKE 


19,3 


ing.  As  a  matter  of  fact  this  display  often  proves  aggravating. 
It  invites  violence.  This  result  may  come  from  two  causes.  A 
massing  of  force  in  too  leisurely  a  manner,  or  in  too  small 
numbers  may  encourage  strikers  to  feel  that  the  legal  opposition 
to  their  purposes  is  but  half-hearted  and  will  not  be  pushed 
further.  This  of  course  invites  the  more  turbulent  element  to 
try  the  issue.  Or  again  it  may  appear  that  the  sheriff's  posse 
or  the  line  of  blue  coats  is  being  used  ostensibly  to  preserve 
peace  but  actually  to  help  the  cause  of  the  employer.  The 
distinction  between  these  two  is  ir  some  instances  by  no  means 
easy  to  make.  If  there  were  opportunity  for  cool  deliberation 
the  distinction  might  be  thought  through  by  tiie  strikers.  In 
a  strike  this  is  not  likely  to  be  done.  The  authority  of  the  law 
appears  to  be  used  to  defeat  a  strike  and  strikers  cannot  always 
stand  peacefully  by  during  such  an  interference. 

With  the  decided  advantage  often  afforded  by  the  presence 
of  officers  of  the  law,  the  employer  may  find  it  to  his  advantage 
to  create  a  necessity  for  their  presence.  Believing,  as  strikers 
so  often  confidently  do  believe,  thai  the  employer  himself  in- 
cites a  mild  oubreak  of  lawlessness  in  order  to  justify  a  call  for 
protection,  it  is  difficult  to  restrain  open  opposition  to  these 
authorities. 

Two  Kinds  of  Lawlessness.  —  Recent  investigations  have 
made  it  clear  that  in  many  cases  the  employer  is  not  altogether 
law-abiding.  His  lawlessness  is  of  a  different  brand.  It  is 
more  finished,  much  less  primitive,  but  none  the  less  lawless- 
ness. To  the  strikers,  who  so  often  realize  this,  their  own  viola- 
tions of  law  are  to  themselves  justified  under  the  "fight  the 
devil  with  fire"  formula.  The  community  is  often  much  less 
dearly  conscious  of  the  kind  of  law  violation  in  which  the  em- 
ployer may  be  implicated.  It  is  of  the  less  apparent  kind.  The 
violence  of  the  striker  is  an  outbreak  of  primitive  passions  and 
almost  inevital>ly  expresses  itself  in  destruction  of  property 
or  in  inflicting  personal  injury  on  those  who  in  any  way  obstruct 
tlieir  purposes.  Far  cruder  forms  of  lawlessness  characterize 
the  methods  of  the  striker.  For  this  reast)n  they  attract  wider 
attention.  Investigations,  reliable  in  themselves  but  not  pub- 
lished until  the  trouble  is  over,  have  recently  revealed  more 

posses  or  even  state  militia  are  often  equipped  and  paid  by  the 


1  y4    AN   I.\  FkOUUCTrOX  TO  STUDY  OF  ORCANTZK I)  LABOR 


tni[,Ii)ycT,  (Ic'cctivc  a<:ciu ii's,  tlie  successors  to  strike-brcakinj; 
o!L,'ani/ation>,  lurnish  an  Llinunt  that  is  naturally  lawless  and 
easily  excited.  Recent  disturbances  in  more  parts  of  the  coun- 
try than  one  have  l)rought  clearly  to  the  public  attention  the 
reality  of  these  facts. 

While  these  considerations  are  in  no  sense  quantitative  they 
are  vital  to  any  analysis  of  strike  violence.  As  long  as  these 
elements  remam  there  will  be  violence.  It  is  simply  a  cause  and 
etTect  sequence.  If  they  can  be  cleared  away  or  minimized  in 
importance  the  results  will  be  modified  accordingly. 

Attempts  are  sometimes  made  to  ascertain  who  started  the 
trouble.  This  is  quite  impossible  of  accomplish  nent.  Even 
if  it  could  be  stated  tinally  and  reliably,  it  is  very  doubtful  if 
it  would  help.  The  complexity  is  far  toe  gre-'  Whoever 
s'arted  it,  the  methods  now  adopted  are  so  conip.ex  as  to  be 
quite  impossible  to  trace  to  first  causes. 

Developing  Public  Sentiment. —  It  seems  evident  that  there 
is  developing  a  very  strong  public  sentiment  against  violence. 
This  otTers  a  ray  of  hoi)e.  So  much  dejiends  upon  ]iopular  sup- 
port in  a  strike  that  it  is  often  the  determining  factor.  The 
reality  of  this  appears  in  the  agilit}'  displayed  by  each  side 
in  its  ctTort  to  fix  on  the  other  all  responsibility  for  violent  out- 
breaks of  lawlessness. 

The  Older  Unions.  —Older  unions,  with  a  fund  of  experience, 
able  officials  who  have  a  strong  following  in  their  membership, 
are  more  likely  to  conduct  strikes  free  from  violence.  On  the 
other  hand,  they  are  less  likely  to  strike.  New  unions  strike 
more  easily.  The  officials  have  less  real  authority  as  leaders. 
They  are  often  following  instead  of  leading.  Unskilled  trades 
are  likely  to  be  more  turbulent  than  skilled.  Since  it  is  easier 
to  fill  their  places,  terror  must  do  for  them  what  high  skill  does 
for  others  in  keeping  strike  breakers  away.  Foreigners  are 
sometimes  less  easy  to  restrain  because  they  know  less  of  our  law 
and  arc  easy  prey  to  self-seeking  leaders  of  a  demagogue  ty])e. 

Stable  Leadership.  —  Whether  or  not  the  number  be  in- 
creasing, it  is  as  a  matter  of  fact  true  that  there  exists  to-day  a 
group  of  strong,  able  and  influential  leaders  who  openly  op[)ose 
violence  and  do  all  within  their  power  to  restrain  it.    \o  one  with- 


oiiL  acluai  (•AjKrieiiC!;  cai 


i:ii:_..i»:.. 


task.    They  ha\e  been  successful  and  their  influence  is  spread- 


THE  STRIKE 


195 


\n^.  This  Rroup  will  undoubtedly  increase  in  number.  Its 
intluence  will  also  increase.  As  they  recognize  more  and  more 
clearly  the  importance  of  a  favorable  public  sentiment,  they 
will  give  increasing  attention  to  its  demand  that  these  collective 
I)argaining  contests  m"-;t  be  reduced  to  a  more  orderly  and  law- 
abiding  method  of  procedure. 

So  long  as  public  responsibility  is  clearly  related  to  the  in- 
creasing power  of  strong  unionism  the  situation  is  favorable  to 
the  reduction  of  violence  to  the  lowest  terms.  It  is  doubtful  if 
it  can  be  entirely  eliminated. 


DEVELOPMENT    OF    THE    LAW 

One  of  the  most  important  questions  relating  to  strikes  is 
that  of  legality.  To  state  it  as  a  general  proposition  that  strikes 
are  lawful  may  be  helpful  in  many  ways,  but  it  does  not  dispose 
of  the  question  satisfactorily.  Through  the  years  in  which 
strikes  have  been  increasing  in  number  and  have  been  held  by 
union  laborers  as  a  weapon  of  increasing  importance,  there  has 
been  a  slow  evolution  of  legal  opinion  concerning  them.  In 
the  earlier  stages  the  courts  were  seldom  asked  to  deal  with 
them.  Prior  to  1850  less  than  two  score  cases  were  taken  to 
court  of  which  any  record  has  been  preserved.  These  cases 
were  similar  in  their  essential  elements.  The  demands  may  be 
summed  up  as  two  in  number;  for  higher  wages  and  for  dis- 
charge of  workmen  who  would  not  join  and  pay  the  dues  of 
the  associations  that  were  being  formed  among  them.  Most 
of  these  cases  were  jury  trials. ' 

Early  Cases.  —  The  law  applied  in  the  first  of  these  early 

cases  was  the  English  common  law  of  conspiracy.     It  is  of 

more  than  ordinary  historical  interest  to  refer  again  to  the 

positions  taken   by   liie  contending  parties  in   the  first  case, 

that    involving    the   Philadelphia   cordwainers   in    1S06.     The 

prosecution  contended  "that  no  man  is  at  liberty  to  combine, 

conspire,   confederate,   and    unlawfully   agree   to   regulate   the 

whole  body  of  workmen  in  the  city.     The  defendants  are  not 

'  lor  a  complete  record  of  these  cases  see  A  Docuni-ntary  History  of 
American  Industrial  Society,  \olumes  three  and  four.  In  these  volumes 
may  be  found  either  the  record  of  or  the  reference  to  every  known  lalwr 
case  that  occurred  prior  to  1842.     For  a  brief  account  of  the  le^'al  arguments 

chapter  3. 


196    AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

indicted  for  regulating  their  own  individual  wages,  but  for 
undertaking  by  a  combination   to   regulate   the  price   of  the 
labor  of  other's  as  well  as  their  own."     To  this  the  defense 
replied  with  a  counter-proposition.     ''There  is  no  crime  in  my 
refusing  to  work  with  a  man  who  is  not  of  the  same  association 
with  mvself.     Supposing  the  ground  of  my  refusal  to  be  ever 
so  unreasonable  or  ridiculous,  ...  to  be  in  reality,  mere  ca- 
price or  whim  .  .  .  still  it   is  no  crime.     The  motive  of  my 
refusal  may  be  illiberal,  but  it  furnishes  no  legal  foundation 
for  a  prosecution:    I  cannot  be  indicted  for  it.    Every  man  may 
choose  his  company  or  refuse  to  associate  with  anyo' e  whcse 
company  may  be  disagreeable  to  him,  without  being  obliged  to 
give  a  reason'for  it:  and  without  violating  the  laws  of  the  land. " 
In  his  charge  to  the  jury  the  judge  stated  that  "A  combina- 
tion of  workmen  to  raise  their  wages  may  be  considered  in  a 
twofold  point  of  view:  one  is  tn  K.-nefit  themselves;  the  other 
is  to  injure  those  who  do  not  heir  society.     The  rule  of 

law  condemns  both.  ...  Om  ;,ian  determines  not  to  work 
under  a  certain  price  and  it  may  be  individually  the  opinion 
of  all:  in  such  a  case  it  would  be  lawful  in  each  to  refuse  to  do 
so,  for  if  each  stands  alone  either  may  extract  from  his  determi- 
nation when  he  pleases.  ...  But  they  were  bound  down  by 
their  agreement,  and  pledged  by  mutual  engagements,  to  persist 
in  it,  however  contrary  to  their  own  judgment.  The  contin- 
uance in  improper  conduct  may  therefore  well  be  attributed 
to  the  combination." 

In  the  cases  that  followed  it  was  quite  generally  insisted  by 
those  whose  duty  it  was  to  interpret  the  law  to  the  juries  that 
while  the  indictment  did  not  rest  on  a  demand  for  higher  wages, 
journevmen  were  free,  each  acting  singly,  to  refuse  to  work. 
When  they  acted  "by  preconcert  or  association"  they  became 
liable  for  conspiracy.'  The  gist  of  the  conspiracy  was  held  to 
be  in  the  unlawful  confederation  and  the  offense  was  complete 
when  the  agreement  had  been  made.  "It  was  never  doubted," 
said  one  judge  (1S15)  "that  where  diverse  persons  confederate 
together  by  indirect  means  to  impoverish  or  prejudice  a  third 
person,  or  to  do  acts  unlawful  or  prejudicial  to  the  community, 
they  arc  indictable  at  the  common  law  for  a  conspiracy." 

XVcSUita  or  xjaJi'j    V^tioCb.  l  ::t:  ;v;;j;:'^a:    ■■■.•-. -• 

began  to  be  apparent.     A  reexamination  followed.     In   1821 


THE  STRIKE 


19/ 


the  certainty  of  the  common  law  of  conspiracy  was  called  into 
question.  The  untiuestioned  application  of  English  precedents 
appeared  to  restrict  too  much  the  principles  of  American  freedom 
about  which  so  much  was  heard.  Instead  of  being  in  its  final 
form,  the  law  of  con^piracy  was  referred  to  as  being  in  an  unset- 
tled state  arising  from  its  gradual  extension  from  one  case  to 
another  through  force  of  precedent  without  an  accurate  exami- 
nation of  the  "  nature  and  principles  of  the  ofTense"  and  leading 
to  "an  unusual  want  of  precision  in  the  terms  used  to  describe 
the  distinctive  features  of  guilt  or  innocence".  Before  this 
preliminary  analysis  the  principle  that  "the  union  of  persons 
in  one  common  design  is  the  gist  of  the  ofTence"  began  to  waver. 
The  feeling  between  the  two  sides  directly  concerned  in  these 
struggles  was  strong  and  each  fell  that  with  its  own  success 
and  the  defeat  of  the  other  side  was  linked  those  eternal  prin- 
ciples of  liberty  and  justice  for  which  the  nation  had  been  estab- 
lished. The  one  side  was  most  anxious  to  see  the  law  put  "an 
end  to  those  associations  which  have  been  so  prejudicial  to 
the  successful  enterprise  of  the  capitalists"  of  the  country 
and  blot  out  of  existence  in  all  the  cities  those  "combinations 
which  extend  their  deleterious  influence  to  every  part  of  the 
union."  On  the  other  hand,  the  journeymen  were  just  as  in- 
sistent that  strong  eilort  be  made  to  rescue  "  the  rights  of  me- 
chanics from  the  grasp  of  tyranny  and  oppression." 

The  view  of  the  law  in  this  period  was  fairly  representative 
of  the  spirit  of  the  age.  English  political  struggle  had  ushered 
in  the  era  of  laisscz  faire,  but  it  was  an  era  of  relative  freedom 
for  the  merchant  and  manufacturer  class  from  restrictions  of 
king  and  lords  in  Parliament.  There  was  no  thought  of  any 
practical  extension  of  the  new  privileges  to  journeymen  and 
laborers.  The  American  Revolution  had  won  political  inde- 
pendence from  Great  Britain,  a  movement  based  on  new  prin- 
ciples of  freedom.  But  this  also  had  been  a  mcvemenl  in  which 
the  capitalist  classes  had  been  leaders.  They  little  thought 
that  American  freedom  would  be  of  any  different  brand  than 
that  of  England  except  a  greater  degree  of  freedom  from  a 
King  and  parliament.  Further  developments  were  necessary 
to  secure  the  extension  of  the  nation's  rights  and  privileges  to 
its  workingmcn. 
Period  of  Change :  Massachusetts.  —  The  great  reform  agi- 


Ig8    AN   1\  rNODUCTlOX  TO  STUDY  OK  ORCJAN IZKI)  LABOR 


talioiis  ccnlcring  around  the  (luartcr-ccntury  year,  1S25,  were 
slowly  exi)ressinR  themselves  in  det'inite  form.  Organizations 
of  laborers  had  heeome  a  recognized  fact,  one  that  law  could 
neither  overlook  nor  sup-jiress.  In  1842  the  Massachusetts 
Supreme  Court  handed  down  an  opinion  (Commonwealth  vs. 
Hunt)  that  first  expressed  judicial  appreciation  of  the  possible 
good  in  labor  orj:,anizations,  the  tirst  suggestion  that  even  a 
violation  of  law  Ijy  their  members  should  not  be  made  an  oc- 
casion for  denouncing  the  association  as  such.  In  this  case 
the  charge  of  the  indictment  was  that  of  associating  together, 
a  charge  that  before  other  courts  in  earlier  years  had  been  suc- 
cessfully maintained.  The  case  was  the  first  one  to  be  brought 
to  trial  in  Massachusetts  and  came  before  the  lower  court  in 
Boston.  There  the  view  held  in  previous  cases  in  other  cities 
of  the  Union  had  been  adopted  and  the  defendants  found  guilty. 
The  decision  was  appealed  to  the  supreme  court  of  the  state. 
.\s  there  were  no  precedents  within  the  jurisdiction  of  Massa- 
chusetts by  which  this  court  was  bound,  it  was  possible  to 
look  at  the  facts  in  quite  a  ditlerent  way.  The  laws  of  England 
regulating  wages  and  other  matters  pertaining  to  laborers  were 
not  adajited  to  the  new  conditions  of  the  colony  and  so  were 
not  adopted  and  contirmed  by  the  constitution  of  the  Common- 
wealth. For  the  t'lrst  time  in  common  law  it  was  held  that  the 
manifest  intent  of  the  association  of  laborers  was  to  induce 
all  engaged  in  the  same  occupation  to  become  members.  Such 
a  purpose  was  not  unlawful.  The  fact  of  ssociation  gave 
the  members  a  power  that  they  otherwise  would  not  have, 
a  power  that  might  be  exerted  for  useful  and  honorable  purposes, 
or  for  dangerous  and  pernicious  ones.  For  example,  the  court 
indicated  some  of  the  beneficial  purposes  that  might  be  served 
by  an  association,  as  "assistance  in  times  of  poverty,  sickness 
and  distress;  or  to  raise  their  intellectual,  moral  and  social 
condition;  or  to  make  improvement  in  their  art."  It  was  held 
to  be  necessary  in  order  to  charge  the  guilt  of  a  criminal  con- 
spiracy that  it  must  be  proved  that  the  object  was  criminal. 
Further  it  did  not  appear  that  the  means  used  by  the  association 
had  been  criminal.  The  members  had  refused  to  work  for  any 
person  who  should  employ  anyone  not  a  member  of  their  so- 

conditions  to  remain  at  work,  the  persons  were  "free  to  work 


THE  STRIKF. 


190 


for  whom  thoy  please,  or  not  to  work,  if  they  r;o  prefer."  It 
further  (hd  not  appear  that  it  was  criminal  "for  men  to  agree 
together  to  exercise  their  own  acknowi  Iged  rights,  in  such  a 
manner  as  best  to  subserve  their  own  interests." 

The  principle  of  right  insisted  on  by  the  court  in  this  case  was 
that  "every  free  man,  whether  skilled  laborer,  farmer,  or  do- 
mestic servant,  may  work  or  not  work,  or  work  or  refuse  to 
work  with  any  company  or  individual,  at  his  own  option,  except 
so  far  as  he  is  bound  by  contract,"  and  further  thai  men  may 
agree  together  to  e.xercisc  these  rights.  Wherever  this  option 
had  the  authority  of  law,  two  important  changes  resulted. 
Mere  association  was  no  longer  criminal  conspiracy,  and  a 
right  to  stop  work  belonged  to  all  and  could  be  lawfully  exercised 
by  agreement. 

New  York  State.  —  Much  the  same  change  was  brought  about 
in  \ew  York  Slate  but  in  a  difTerent  way,  as  has  been  shown  in 
a  former  chapter.     In  that  state  conspiracy  had  early  been 
made  a  matter  of  statutory  enactment;  though  it  was  not  made 
specifically   applicable    to   laborers.      In    1S2S    the   legislature 
enacted  a' law  which  brought  together  all  legislation  on  conspi- 
racy into  a  single  statute.     The  commission  in  its  report  pro- 
posed to  make  it  criminal   to  conspire  "to  defraud  or  injure 
any  person  in  his  trade  or  business."    This  was  not  adopted 
by  the  legislature.     As  finally  enacted   the  statute  declared 
it  to  be  a  misdemeanor  for  two  or  more  persons  to  conspire, 
"to  commit  any  act  injurious  ...  to   trade   or  commerce," 
and  that  "no  conspiracies  other  than  such  as  are  enumerated" 
in  the  act  (six  in  all)  shall  be  punishable  criminally,  and  further 
that  "no  agreement  .  .  .  shall  be  deemed  a  conspiracy  unless 
some  act  beside  such  agreement  be  done  to  effect  the  object 
thereof  by  one  or  more  parties  to  such  agreement."    This  law- 
stated  indefinite  form  what  should  be  regarded  as  conspiracy 
and  put  an  end  to  all  common-law  conspiracies  not  included 
in  the  new  statute.     In  the  report  the  revisers  made  a  clear 
comment  on  the  legal  supposition  that  an  agreement  not  carried 
into  effect  could  be  a  conspiracy  when  it  said:  "By  a  meta- 
physical train  of  reasoning,  which  has  never  been  adopted  in  any 
other  case  in  the  whole  criminal  law,  the  offence  of  conspiracy 
is  maue  to  consist  in  the  intent;  in  an  act  of  the  mind;  and  to 
♦  Vi..  cK<^<-'.•  t,>  rMnininn  ^pn^p  which  such  a  DroDOsition 


r^ *•*!■»  Ton  f 


200    AX  INTRODUCTION  TO  STUDY  OF  ORGANTZKI)  I.AROR 


would  be  sure  to  produce,  the  formation  of  this  iiUcnt  hy  an 
interchange  of  llioughts  is  made  itself  an  overt  act,  done  in 
pursuance  of  that  interchange  or  agreement.  .  .  .  Acts  and 
deeds  are  the  subjects  of  human  laws;  not  thoughts  and  intents 
unless  accompanied  by  acts." 

The  first  case  brought  under  this  statute  was  a  strike  of 
shoemakers  for  higher  wages,  and  was  hehi  to  be  an  agreement 
to  commit  an  act  injurious  to  trade  or  commerce  (People  vs. 
Fisher,  1835).  The  common-law  ideas  seemed  to  have  held 
over  for  a  time,  but  cases  since  then  have  not  followed  the 
reasoning  of  this  opinion. 

The  Newer  Developments.  —  The  legislation  of  1828  in  New 
York  State  and  the  decision  of  the  Massachusetts  court  in  1842 
opened  the  way  for  new  developments.  Conspiracy  ceased 
to  be  a  sufficient  charge  of  guilt  and  the  strikes  that  became 
subjects  of  litigation  were  submitted  to  more  rigid  scrutiny 
to  reveal  the  methods  adopted  and  the  objects  sought.  The 
confusion  has  slowly  disappeared  in  the  light  of  full  discussion 
of  principles.  At  least  one  book  of  some  authority,  a  book 
intended  as  a  te.\t-book  on  strikes  and  bovcotts,  written  ob- 
viously from  a  somewhat  biased  point  of  view  still  declares 
that  "all  strikes  are  illegal.  The  wit  of  man  could  not  devise 
a  legal  one."  At  the  same  time  in  another  book,  also  intended 
as  a  text-book  on  labor  laws,  one  obviously  written  with  strict 
impartiaUty,  it  is  declared  that  "instead  of  saying  no  strikes 
are  legal,  we  should  now  say  all  strikes  are  legal;  that  is,  all 
plain  and  simple  combinations  to  quit  work  when  there  is  no 
breach  of  a  definite  time  contract  in  so  doing,  and  where  it 
is  not  complicated  with  any  element  of  boycotting,  or  marked 
by  any  disorder  or  intimidation." 

Present  Difiference  of  Opinion.  —  The  present  situation  re- 
veals one  important  difference  of  opinion.  It  is  not  so  much  a 
difference  in  view  touching  combination  and  concerted  cessation 
of  work  as  it  is  the  reasons  that  prompt  the  act.  In  the  opinion 
of  Judge  Vann  of  New  York  there  is  general  if  not  universal 
agreement.  According  to  this  view  a  man  is  entirely  free  to 
agree  to  or  to  reject  any  conditions  of  laliof,  as  he  may  wish. 
Terms  of  employment  are  subject  to  mutual  agreement  without 
interference  from  anyone.     The  right  of  one  to  act  is  not  changed 


uy  Ills  at- Ling  ui  ^.uiRtii  Aiia  OLiicis. 


vviititcvci  uiit-  liitMi  iiiav 


THE  STRIKE 


20I 


do  alone,  he  may  do  in  combination  with  others,  provided  they 
have  no  unlawful  object  in  view.  Mere  numbers  do  not  ordi- 
narily affect  the  (juality  of  the  act."'  Thus  far  there  is  intended 
to  be  the  statement  of 'a  general  right.  Following  this  an  appli- 
cation is  made.  Workmen  have  a  right  to  organize  to  secure 
higher  wages,  shorter  hours  of  laljor,  or  to  improve  their  rela- 
tions with  the  employer.  This  pertains  to  organization.  Fur- 
ther they  have  the  right  to  strike  provided  the  object  is  not  to 
gratify  malice,  or  to  inllict  injury  upon  others,  but  to  secure 
better  terms  of  employment  for  themselves.  "A  peaceable  and 
orderly  strike,  not  to  harm  others,  but  to  improve  their  own 
conditions,  is  not  a  violation  of  law." 

Importance  of  Motive :  Massachusetts  View.  —  With  this 
view  so  generally  held  comes  a  parting  of  the  ways.    Some  courts 
rest  here.    Others  have  carried  their  reasoning  farther,  holding 
different  conclusions.    Of  the  one  view,  which  may  be  character- 
ized as  the  more  conservative,  the  Massachusetts  court  has  been 
the  most  influential  exponent.     In  the  opinions  of  this  court 
appears  a  decided  determination  to  insist  on  the  importance 
of  the  reason  for  the  strike.     Also  there  are  echt)es  of  the  old 
idea  of  strength  in  combination.    In  1906  the  judges  in  this  state 
were  impressed  with  the  fact  that  in  most  cases  a  successful 
strike  gave  the  employees  such  a  control  over  labor  that  the 
employer  was  obliged  to  yield  to  their  demands.     "A  single 
individual  may  well  be  left  to  take  his  chances  in  a  struggle  with 
another  individual.    But  in  a  struggle  with  a  number  of  persons 
combined  together  to  fight  an  individual,  the  individual's  chance 
is  small,  if  it  exists  at  all.    It  is  plain  that  a  strike  by  a  combina- 
tion of  persons  has  a  power  of  coercion  which  an  individual  does 
not  have."    That  the  reason  is  of  deciding  importance  appears 
in  the  view  expressed  in  1908  by  the  same  court.    "  It  is  settled 
in  this  Commonwealth,"  declares  the  judge,  "that  the  legality 
of  a  combination  not  to  work  for  an  employer,  that  is  to  say,  of  a 
strike,  depends  (in  case  the  strikers  are  not  under  contract  to 
woi'    for  him)  upon  the  purpose  for  which  the  combination  is 
formed— the  purpose  for  which  the  employees  strike."     This 
statement  of  the  law  throws  upon  the  court  the  duty  of  examm- 
ing  into  and  revealing  the  real  reasons  or  purposes  of  the  strike 
before  they  can  pass  upon  its  lawfulness.     As  already  stated 
*u„  ,.,.^^c«c  >..;.inllv  af-rpnted  .nre  such  as  deal  with  increasing 


202   AX  iNTKonrcrroN  to  study  oi  ()K(;antzf:d  labor 


wages,  Ifsstiiinr;  tlu'  hours  of  labor,  or  improving  relations  with 
employers.  The  position  may  he  regarded  as  a  final  one,  if  it 
be  taken  in  the  general  terms  in  which  it  is  expressed.  It  is 
a  constantly  changing  one,  however,  in  that  it  is  left  to  decide 
in  each  new  case  as  it  arises  whether  or  not  it  comes  within  any 
one  of  the  three  general  [)urposes  stated.  'Jhe  strict  construction 
or  loose  construction  attitude  toward  this  "swee[)ing  clause" 
beconies  of  great  importance. 

'fhe  position  taken  by  this  court  is  that  of  the  larger  numl)er 
of  courts  throughout  the  country.  It  was  in  this  same  state 
and  as  late  as  igo.S  that  the  case  already  referred  to  arose  in 
which  four  reasons  for  the  strike  appeared  in  the  four  demands 
made  by  the  strikers.  Of  these  the  court  found  that  two  (in- 
crease of  wages  and  shorter  hours)  were  "properly  enforceable 
by  a  strike."  In  as  much  as  it  was  lawful  to  strike  for  these  two 
reasons,  the  validity  of  further  reasons  did  not  call  for  consider- 
ation. Such  an  interpretation  seems  to  break  down  the  restric- 
tion placed  by  the  court  so  far  as  any  practical  considerations 
are  concerned.  The  strikers  need  but  to  add  to  whatever  de- 
mands they  may  have  a  request  for  an  increase  of  wages  and 
shorter  hours,  and  to  do  this  in  such  a  way  as  to  cover  uj)  the 
purpose  from  the  court  and  any  strike  may  be  lawful.  If  the 
employer  sees  fit  to  yield  to  the  wages  demand  thus  forcing  the 
employees  to  continue  the  strike  for  other  reasons  it  cannot  re- 
lieve him  for  any  considerable  length  of  time,  as  new  wage 
demands  may  be  made  continually. 

This  policy  of  inquiring  into  puqioses  has  the  further  positive 
authority  of  Justice  Harlan.  Legality  and  illegality  in  strikes, 
he  holds,  must  dejiend  upon  the  means  adopted  for  enforcing 
a  strike  and  on  its  objects.  Strikes  may  be  criminal,  illegal,  or 
innocent.  A  strike  is  criminal  if  its  purpose  be  to  injure  or  molest 
masters  or  men;  illegal  if  it  be  the  result  of  an  agreement  de- 
priving those  engaged  in  it  of  their  liberty  of  action ;  innocent 
if  the  result  of  a  voluntary  combination  for  the  purpose  only  uf 
benefiting  themselves  by  raising  wages  or  any  other  lawful  pur- 
pose. In  considering  these  statements  it  must  be  kept  in  mind 
that  in  some  cases  the  authorities  referred  to  have  in  mind  the 
acts  performed  in  enforcement  of  a  strike  as  inseparable  from 
the  strike  itself  while  others  think  of  the  strike  as  separate  in  its 
essence  iruni  any  acis  iniii  iuav  uc  rcsv;rr.cci  to  to  Cuiorcc  it# 


THE  STKIKK 


203 


Importance  of  Motive:  New  York  View.  -  Tin-  in..rf  ad- 
vanced vitw  is  luld  by  the  New  Wirk  court  and  wa>  lirst  ex- 
pressed l)y  Justice  Parker.    It  holds  the  statement  of  i)uri)()ses  as 
above  named  and  usually  made  in  opinions  as  "  illustrative  rather 
than  comprehensive."    The  right  to  stop  work,  and  to  join  with 
others  in  stoitpinj,'  is  given  its  K)gical  application  without  restric- 
tion.   Anv  reason  regarded  by  the  employee  as  sulTicieiit  must  be 
regarded  by  the  emi)loyer,  society  and  the  court  as  sutTicient. 
"Their  reasons  may  seem  inadeciuate  to  others,  but  if  it  seems 
to  be  in  their  interest  as  members  of  an  organization  to  refuse 
longer  to  work,  it  is  their  legal  right  to  stop.    The  reason  may 
no  more  be  demanded,  as  a  right,  of  the  organization  than  of  an 
individual,  but  if  they  •■lect  to  state  the  reason,  their  right  to 
stop  work  is  not  cut  off  because  the  reason  seems  inadequate  or 
selfish  to  the  employer  or  to  organized  society."     This  view 
carries  the  application  of  the  right  to  stop  work  in  combination 
with  others  to  a  logical  conclusion  from  which  it  is  not  easy  to 
shrink.    It  separates  the  act  from  the  motive,  refuses  to  consider 
the  motive  and  rests  the  act  on  the  general  right  to  perform  the 
act.    Applying  the  logic  of  this  view,  the  judges  of  the  California 
court  have  declared  that  "in  case  of  a  peaceable  and  ordinary 
strike,  without  breach  of  contract  and  conducted  without  yio- 
lence.'thrcats,  or  intimidation,  this  court  would  not  inquire  into 
the  motives  of  the  strikers.    Their  acts  being  entirely  lawful, 
their  motives  would  be  held  immaterial." 

Summary.  —  The  evolution  of  strike  law,  then,  has  passed 
through  clearly  defined  stages.  Bound  at  first  to  the  precedent 
of  conspiracy  there  has  been  a  steady  movement  toward  a 
more  liberal  view.  Personal  rights  have  been  more  fully  recog- 
nized as  applicable.  Traces  of  the  effects  of  conspiracy  still 
appear  but  with  less  frequency  and  with  diminishing  authority. 
There  is  a  possibility  for  its  revival,  however,  should  such  seem 
to  the  courts  the  best  way  to  preserve  individual  rights  as  they 
understand  them.  The  rather  radical  view  that  motive  has  no 
place  in  determining  lawfulness  in  connection  with  strikes  is  one 
not  held  in  all  jurisdictions,  but  it  appears  to  be  one  that  will 
gain  rather  than  lose  in  influence  unless  strikes  become  character- 
ized by  greater  lawlessness  and  more  pronounced  selfishness 
.         •     11-1 


CHAPTER   XII 
ARBITRATION 


DEFINITION    OF   TF.RUS 

To  find  a  means  of  settlin;^  hihnr  disputes  and  to  hrinp;  an 
tntl  to  strikes  and  lockouts  afttr  they  have  heeii  started  has 
lonjj  been  a  hope  of  many.  Plans  have  been  devised  and  sug- 
gestions made  that  lack  nothing  in  variety.  Yet  the  ditlicuity 
is  still  recognized  and  the  mean>  of  avoiding  it  still  inadequate. 
Arbitration  is  a  term  that  has  as  its  genera!  meaning  the  agencies 
and  methods  by  which  strikes  are  ended  or  avoided.  In  much 
of  the  discussion  it  is  used  in  this  general  sense  and  the  result  is 
much  vagueness  and  misunderstanding.  It  is  becon-'ng,  how- 
ever, more  and  more  evident  that  clearer  distinction  "ling 
is  necessary  before  the  desired  progress  can  be  attains  ii. 
pecially  does  this  need  become  apparent  when  terms  of  mi 
recent  general  use  are  brought  into  a  discussion.  Conciliation 
and  mediation  are  terms  now  almost  as  familiar  as  arbitration. 
These  are  often  useu  ,v<te  indi^ciiminately.  Even  in  our  statutes 
and  in  comniisr.ions  organized  by  their  authority  there  is  much 
confusion.  There  are  boards  of  conciliation  and  arbitration, 
boards  of  mediation  and  arbitration,  boards  of  conciliation  and 
mediation,  and  boards  of  conciliation,  mediation  and  arbitration. 
These  various  terms  and  combinations  do  not  indicate  with 
sufficient  accuracy  the  functions  of  the  particular  boards.  In- 
deed there  is  much  less  variety  in  functions  than  in  names.  As 
Mr.  N.  P.  Oilman  rightly  declares:  "Arbitration  is  probably 
the  most  misused  term  m  the  vocabulary  of  industrial 
peace." 

i.  IS  important  at  the  outset  of  any  discussion  that  as  clear  a 
meaning  as  i)ossible  be  attached  to  each  of  these  terms.  That 
there  be  some  overlapping  in  meaning  is  perhaps  a  practical 
necessity  sinee  the  terms  refer  to  ditlerent  stages  in  a  [jrocess 
and  the  limitations  may  be  somewhat  arbitrary.     Yet  if  this 

204 


ARBITRATION 


205 


process   1)0  f.illowod   throuRli    from   its   heKinninj);  the   scvi-r.il 
t/Tnis  will  appear  quite  clear  enouRh  for  intelligent   praitie.il 

use. 

Collective  Bargaining.  -  It  is  inevitable  that  dilTercnces  of 
opinion  should  develoi)  bet  ween  employer  and  employee.  When 
men  are  orRani/ed  and  the  employer  deals  with  them  in  group-^ 
there  is  collnthr  bjri^uiiiiui^.  If  the  bargain  thus  made  i.s  drawn 
up  in  a  formal  way  and  is  agreed  Uju.n  for  some  detuiite  time 
it  becomes  a  tnuic  agrcnneut.  Minor  disputes  over  inteqiretation 
or  api)iicatioii  of  the  terms  of  the  trade  a^^reern  .it  may  tben  be 
settled  by  methods  provided  for  in  the  aureement  itself,  if  it 
be  a  trad;'  aurcrment  of  the  model  ty|)e.  This  is  the  ;'()/«/  con- 
jcrcncc.  Tlies  far  there  is  only  an  adjustment  or  a  working 
agreement  by  which  things  are  kept  moving.  Some  (iue>ti()n 
of  larger  importance  than  any  covered  by  the  trade  agreement 
or,  it  may  be,  the  drawing  up  of  such  an  agreement  itself,  may 
cause  serious  trout)ii'  and  .m  attack  or  defease  strike  may  be 
called  to  enforce  the  demands  of  one  or  the  other  side.  Collec- 
tive t)argaining  in  its  special  form  of  joint  conference  under  a 
trade  agreement  is  then  at  a  standstill.  It  is  at  this  point  that 
it  becomes  important  to  analyze  other  stages  and  apply  other 
terms  with  definitencss. 

Conciliation.  —  Though  the  men  arc  not  at  work  and  any 
former  agreements  may  for  the  time  be  void,  still  there  may  be 
communications  or  conferences  between  representatives  of 
each  party.  The  difficulties  may  be  settled  and  working  rela- 
tions resumed  as  a  result  of  these  conferences  carried  on  between 
the  parties  directly  concerned,  with  no  outside  assistance  that 
is  openly  recognized  as  such.  This  would  be  conciliation.  It 
is  an  atTair  that  is  dealt  with  exclusively  by  the  men  and  their 
employers.  It  arises  at  the  point  where  a  trade  agreement 
does  not  automatically  adjust  the  differences.  The  strike  is 
called  off  and  work  is  resumed. 

Mediation.  —  If  the  two  parties  fail  to  reach  an  agreement 
in  this  way  and  the  strike  continues,  it  may  be  terminated  in 
another  way.  Conciliation  failing,  it  may  be  that  third  par- 
ties may  have  influence  and  by  "tendering  their  friendly  offices" 
may  bring  the  warring  parties  together  for  further  di'^cussion, 
c_ J  ;.-_-.^  K:c:;^  .-.f  ntrrpement  .^nd  thus  effect  an  end  of  the  strug- 
gle.   This  would  be  med    ;  9«. 


2o6    AX  INTROnrCTIOX  TO  STIT)V  OF  ORGANIZED  LaBOR 


Arbitration.  —  In  the  event  of  a  struK^lf  that  continued  be- 
yond the  efforts  of  conciliation  and  mediation,  there  are  yet 
other  possiljilities.  Either  through  conciliatory  efTorts  or 
through  the  agency  of  a  mediator,  't  may  be  that  an  agreement 
can  be  reached  l)y  both  sides  to  submit  their  contentions  to  an 
impartial  body  that  will  after  a  hearing  render  a  decision  of 
settlement.  This  is  arbitration.  When  the  agreement  to  arbi- 
trate is  voluntarily  entered  into  it  is  called  voluntary  arbitration. 
With  the  act  of  arbitration  is  another  inseparable  from  it.  The 
disposition  of  the  award  may  give  rise  to  trouble.  Usually  of 
course  it  would  be  understood  that  when  the  parties  agree  to 
the  arbitration  they  would  also  agree  to  accept  the  award.  This 
agreement  is,  however,  voluntaiy  and  cannot  be  enforced  if 
either  i>arty  chooses  for  ai.y  reason  to  reject  it.  Thus  it  be- 
comes more  'ulh  chamoterized  by  the  term  voluntary  arbitration 
with  voluntary  anard.  This  is  the  form  of  voluntary  arbitration 
more  usual  in  practice.  Thus  far  any  of  these  processes  may 
be  adopted  without  any  reference  to  legislation  or  interference 
on  the  part  of  any  public  official.  As  laws  have  been  enacted 
dealing  with  the  question,  it  is  obviously  a  possibility  that  the 
organized  jjower  of  the  state  m:  '"p  in  and  exercise  an  au- 
thority in  the  matter.  First  to  v^nsider  is  the  state's  authority 
to  compil  publicity  in  cases  of  strikes  on  the  ground,  now  so 
familiar,  that  the  consumers  as  a  third  party  have  a  right  to 
know  what  the  struggle  is  about.  This  information  it  may 
furnish  by  authorizing  an  investigation.  The  only  result  of  this 
course  would  be  to  compel  witnesses  to  testify  before  the  in- 
vestigators under  uath  and  thus  separate  the  kernel  of  truth 
from  the  large  amount  of  chafT  or  rumor,  furnishing  to  the  pub- 
lic a  statement  of  *^^he  facts  so  far  as  they  pertain  to  the  ques- 
tion c       e  strike. 

Compulsory  Arbitration.  —  The  state  may  go  further  and 
insist  that  the  diflerencs  shall  be  submitted  to  an  impartial 
liod>-  for  adjudication  and  award.  This  is  compulsory  arbitra- 
tion. It  does  not  in  this  form  declare  what  shall  be  the  status 
•  >f  the  award  after  it  has  been  formulated.  If  its  acceptance  is 
left  to  the  judgment  of  the  contending  parties,  permitting  them 
to  agree  to  accept  it  if  they  choose,  it  is  compulsory  arbitration 
with  voluntary  avT'd  .,  on  the  other  hand,  the  requirement 
is  made  in  the  v^»  the  award  shaii  be  binding  on  the  parties 


ARBITRATION' 


-"07 


named  in  the  law  for  a  specified  time,  it  is  compulsory  arbitra- 
tion 'icitli  compulsory  wward. 

These  then  are  the  several  stages  at  any  one  of  which  u  strike 
may  l)e  settled.  Collective  bargaining,  trade  agreement  and 
joint  conlerene.'  are  activities  that  belong  rather  to  the  ])re- 
strike  stage  and  a"e  devices  for  the  automatic  adjustment  of 
differences  before  they  become  acute  enough  to  cause  an  open 
breach  in  the  industrial  relations.  When  the  strike  once  begins 
or  is  threatened,  it  may  be  ti-niiinated  by  conciliation,  if  the 
adjustment  is  effected  by  the  parties  concerned  directly.  If 
third  parties  intervene  to  bring  the  jiarties  together  so  that 
they  finally  reach  an  agreement  of  their  choice  it  is  mediation. 
Arbitration  implies  third  parties  called  in  or  allowed  to  form 
an  agreement  for  the  contending  parties.  If  tiny  are  agreed 
upon  or  accei)ted  by  the  strikers  and  the  employers  of  their 
own  choice,  it  is  voluntary  arbitration.  If  they  are  compelled 
to  accept  ihem  it  is  compulsor>'  arbitration.  So  with  the  award 
of  the  arbitrators,  it  may  be  voluntan,-  or  compulsory.  Com- 
pulsory- inve'^tigation  deals  only  indirectly  with  the  settlement, 
its  purpose  being  to  strengthen  the  force  of  public  opinion. 

Importance  of  Distinctions.  —  For  this  special  use  of  these 
terms  there  is  authority,  and  authority  may  also  be  found 
against  them.  The  dictionar>'  meanings  of  conciliation  and 
mediation  furnish  both  support  and  refutation,  as  they  are  in 
some  sense  synonymous.  Perhaps  the  most  striking  difference 
between  the  above  classification  of  terms  and  that  used  by  many 
is  the  clearer  distinction  here  urged  between  conciliation  and 
mediation.  These  terms  are  frequently  used  synonymously, 
referring  alike  to  the  inter\-ention  of  a  third  party  for  the  pur- 
pose of  bringing  employers  and  employees  together  on  some  com- 
mon ground  of  discussion  and  agreement.  Jevons  in  the  State 
in  Relation  to  Labor  uses  the  single  term  conciliation  to  cover 
both  when  he  says:  "A  conciliator  is  one  who  intervenes  be- 
tween disputants  in  order  to  promote  calm  discussion,  to  draw 
forth  frank  explanations,  or  to  suggest  possible  terms  of  com- 
promise." This  he  distinguishes  from  arbitration  in  the  fol- 
lowing terms:  "An  arbitrator,  on  the  other  hand,  is  one  ap- 
pointed, either  by  the  consent  of  the  parties,  or  by  superior 
autlioritv.  to  inauire  into  tbf  t.Trts,  to  receive  explanation  from 
both  sides,  and  then,  with  or  without  the  concurrence  of  the 


2oS    AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


disputants,  to  assign  tlic  terms  of  arrangement."  Followin  *he 
classification  above  presented,  conciliation  is  not  presenter  by 
Jevons,  but  rather  mediation  is  defined. 

While  many  authorities  use  conciliation  in  the  sense  in  which 
mediation  is  used  here,  it  seems  clear  that  there  is  reason  for 
the  distinction.     True  the  choice  of  terms  may  be  arbitrary, 
but  the  two  distinct  ideas  are  nut  to  be  confused  and  each 
must  have  its  separate  term.    When  a  trade  ;:greement  in  the 
organized  territory  of  the  coal  mining  industr>'  expires  it  is  not 
uncommon  to  have  a  strike.    On  the  day  of  the  expiration  of 
the  agreement  the  men  quit  work.    This  is  the  situation  which 
the  daily  papers  are  so  fond  of  caj)italizing  into  large  headlines 
and  sensational  warnings.    The  strike  is  on,  so  far  as  the  facts 
go,  but  the  machinery  of  adjustment  still  operates  and  a  new 
agreement   is   finally   reached   and   the   men   return   to   work. 
There  is  no  interference,  friendly  or  otherwise,  by  third  parties. 
The  miners  and  the  operators  confer  and  out  of  the  conferences 
comes  a  conciliation  of  the  difficulties  and  work  is  resumed.    If 
conciliation  is  to  mean  the  same  as  mediation,  then  another 
term  is  needed  for  a  situation  such  as  just  described  in  coal 
mining,  for  example.     It  is  collective  bargaining,  but  not  of 
the  normal  kind.     If  that  term  is  to  be  generalized  by  that 
much  it  cannot  stop  till  it  has  been  made  to  cover  the  entire 
list  including  compulsory  arbitration  with  compulsory  award. 
The  bringing  together  of  employers  and  employees  for  the 
settlement  of  their  ditTerences  by  peaceable  negotiation  should 
be  called  mediation,  as  it  implies  an  outside  agency.     The 
coming  together  voluntarily  of  employers  and  employees  for 
the  settlement  of  difTerences  by  peaceable  negotiation  is  con- 
ciliation.    In  this  sense  there  can  be  no  board  of  conciliation 
as  a  permanent  public  or  legal  body.    There  may  be  boards  of 
mediation,  boards  of  arbitration,  and  boards  of  mediation  and 
arbitration.     These  may  be  government  boards  or  boards  or- 
ganized through  private  agencies.     If  there  be  any  permanent 
group  of  conciliators,   it  would  be  a  joint  conference  acting 
under  a  trade  agreement  and  would  belong  to  the  pre-strike 
period. 

Other  Distinctions.  —  A  iurthcr  distinction  is  sometimes 
made  between  primary  arbitration  and  secondary  arbitration. 
"  By  primary  arbitration,"  it  is  explained,  "  we  mean  the  authori- 


ARBITR/\TION 


209 


tative  settlement  by  impartial  aii)iters  of  the  terms  of  the  em- 
ployment contract  itself.  By  secondary  arbitration  we  mean  the 
adjudication  of  those  minor  disputes  growing  out  of  the  inierpre- 
tation  of  an  existing  contract.  Secondary  arbitration  is  judicial 
and  easy.  Primary  arbitration  is  legislative  and  difficult."  Then 
is  added:  "Unless  otherwise  stated,  primary  arbitration  will 
be  understood  to  include  and  :'ssume  secondary  arbitration." 
This  distinction  seems  of  no  practical  impo.  ince  beyond  the 
very  evident  fact  that  some  cases  of  arbitration  settle  questions 
unlike  other  cases,  and  that  some  are  difficult  while  others  are 
easy. 

It  is  to  be  hoped  that  out  of  the  confusion  of  terms  now  in  use 
there  will  evolve  soon  a  definiteness  and  regularity  that  will 
both  contribute  to  clearness  in  handling  practical  situations  and 
make  unnecessar>'  such  lengthy  discussion  of  definitions  in 
dealing  with  the  topic. 

That  this  necessity  has  been  recognized  before  is  evident  in 
many  writings.    Oilman  realizes  it  when  he  says,  "  There  is,  in 
fact,  a  great  amount  of  la.xity,  inaccuracy  and  confusion  in  the 
popular  use  of  different  terms  for  methods  of  composing  labor 
disputes,  and  there  can  hardly  be  said  to  be  more  than  the 
beginnings,  as  yet,  of  a  true  scientific  use  of  them  in  the  careful 
writings  of  the  day.    A  more  precise  use  of  the  various  words 
commonly  applied  would  make  discussion  more  profitable  and 
lead   more   quickly   to   lasting   conclusions."      Following   this 
recognized  need  this  w;    :r  distinguishes  between  the  several 
forms  in  a  chapter  given  up  to  the  subject.    The  definition  of 
conciliation  is  made  clear  enough  by  this  writer  but  when,  in 
the  latter  part  of  the  chapter,  mediation  and  arbitration  are 
defined,  the  definitions  seem  confusing  and  lacking  in  practical 
distinctions.    This  appears  when  it  is  stated  that  "so  long  as  the 
parties  accepting  mediation  have   not  bound  themselves  to 
accept  the  award,  the  mediator  is  still  only  a  'conciliator,'  i.  e., 
one  tr>'ing  to  reconcile.    If  then,  in  fact,  when  the  award  has 
been  made  by  him,  both  sides  accept  it,  without  a  previous 
agreement  to  do  so,  this  is  an  instance  of  conciliation,  not  of 
arbitration.    In  case  the  award  is  rejected  by  one  or  both  parties, 
it  is  an  instance  of  unsuccessful  attempt  at  conciliation."    Agam 
he  says,  "The  mediator's  offer  of  his  services,  however,  may  pro- 
duce so  good  an  effect  upon  the  two  parties  that  they  agree  to 


2IO     AN'  INTROnrcriOX  TO  SI  TOY  OK  0R(;.'>  V!Zi:i)  LAliOR 


acce])t  his  award  win  aall  be  made.    In  this  case,  it  is  com- 

mon  to  say  that  thu  .vc  accepted  him  as  the  'arbitrator'  of 
the  case."  Thus  the  distinction  l)etwrfn  the  mediator  on  the  one 
hand  and  the  conciliator  and  the  arbitrator  on  the  other  is  lost 
in  vagueness.  The  position  of  the  mediator  between  the  con- 
ciliator and  the  arl)itrator  is  so  indehnitt-  that  whatever  he  does 
of  practical  \alue  he  loses  his  identity  by  very  reason  of  his 
success.  If  he  fails,  he  is  a  conciliator  but  an  unsuccessful  one. 
If  he  succeeds,  he  is  an  arbitrator.  He  is  a  mediator  only  because 
he  has  not  yet  completed  bis  work. 

This  distinction  cannot  be  regarded  as  satisfactory.  In  the 
first  place,  it  conceives  the  mediator  as  making  an  award.  That 
is  not  his  function  in  the  classification  that  has  been  proposed. 
The  essence  of  mediation  is  to  bring  aljout  a  settlement  through 
the  intercession  of  an  outside  party  who  profTe'-s  his  services.  The 
settlement  may  be  largely  one  of  his  own  forming,  but  it  is  not 
openly  so.  He  can  make  suggestions  which  the  parties  to  the 
strike  may  accept  and  embody  as  an  agreement.  Indeed  the 
really  skillful  mediator  in  practice  will  not  let  it  appear  that  the 
terms  of  settlement  originate  with  him.  That  being  the  case, 
the  more  skillful  the  mediator,  the  less  apparent  is  it  that  there 
is  mediation.  If  he  does  make  an  award,  upon  the  invitation  of 
the  parties,  he  becomes  an  arbitrator. 

One  other  basis  of  distinction  between  terms  has  been  ofTered 
and  is  worthy  of  consideration.  It  is  a  classification  of  terms  on 
the  basis  of  the  questions  at  issue  between  the  employer  and  his 
workmen.  It  may  be  the  interi)retation  of  an  agreement  pre- 
viously made;  an  agreement  expiring  by  time  limit  to  be  renewed 
for  another  term  of  years;  or  the  making  of  an  agreement  for  the 
first  time.  The  term  arbitration  is  limited  to  such  cases  only  as 
hang  upon  an  interpretation  of  a  "previous  agreement,  a  viola- 
tion of  which  is  asserted  by  one  party  or  the  other."  Mediation 
is  restricted  in  meaning  to  the  work  of  drawing  up  an  award 
which  shall  become  an  agreement.  This  seems  not  only  im- 
practical but  inadequate.  Trouble  may  arise  and  call  for  set- 
tlement where  there  is  no  agreement  of  a  formal  kind  and  no 
probability  of  forming  one.  Yet  such  trouble  must  be  adjusted. 
It  matters  not  so  much  in  practice  whether  the  strike  is  for  one 


cau'^ 


•1   frmim  or  r'inccc 


Tt  ic  nnt  of  nrim(» 


portance  whether  both  sides  agree  that  the  dispute  is  over  the 


ARBITRATION 


.'II 


interpretation  of  an  afjrcemcnt,  or  only  one  side  insists  upon  that 
while  the  other  denies  it.  The  practical  phas^'  of  the  situation 
is  that  work  has  ceased,  or  is  about  to  cease,  and  something 
must  l)e  done  to  secure  a  restoration  of  aniiealile  workinR  rela- 
tions. ^  .  .  •  ,  ^  i 
The  only  practical  basis  of  working  acfinition  is  that  proposed 
■it  the  beginning  of  this  chapter.  With  the  distinctions  proposed 
between  conciliation,  mediation,  voluntary  arbitration  and  com- 
pulsory arbitration,  the  four  leading  terms,  the  application  can 
be  made  with  clearness  tind  defiriteness  to  all  situat.jns  that 
arise  in  industrial  relations. 

Our  Lack  of  Interest  in  Arbitration.-  In  ordinary  times 
there  is  too  little  discussion  of  policies  of  arbitration.    Following 
every  serious  strike  the  topic  is  revived  for  a  time  but  interest 
soon  lags  and  the  discussion  is  dropped  till  another  disturbance 
awakens  it.     That  no  det^nite  results  issue  from  such  a  course  .., 
to  be  expected.     While  the  public  mind  is  .  xcited  with  the  ru- 
mors of  industrial  warfare  and  irritated  by  the  deprivations  and 
h  irdships  sometimes  incidental  to  such  strife,  proposals  appear 
■md  are  seriouslv  discussed.     When  the  struggle  is  ended,  these 
vime  proposals  that  seemed  so  reasonable  begin  to  appear  quite 
too  rash  for  serious  thought  and  they  are  laid  aside.    In  time  of 
industrial  peace  the  consideration  of  such  topics  is  naturally 
nuiie  foreign  to  our  habit  of  mind.    The  spirit  of  lamez  faire^  is 
^tiU  with  us,  and  the  habit  of  looking  at  business  from  the  m- 
dividual  rather  than  the  social  viewpoint  makes  it  difficult  to 
gain  a  hearing  for  any  plans  that  seem  to  interfere  with  the  time- 
worn  principle  that  a  man  may  run  his  own  business  in  his  own 
way.    The  result  of  this  situation  is  easily  told  if  not  foretold. 
Nothing  of  a  constructive  nature  is  accomplished.      The  indus- 
tries of  America  stand  in  need  of  some  definite  policies  of  adjust- 
ment in  labor  struggles.   They  are  lagging  behind  other  industrial 
countries  in  this  respect.    With  each  serious  disturbance  how- 
ever   some  progress  is  made.     There  are  now  many  who  are 
earnestly  committed  to  a  policy  of  compulsory  arbitration  with 
compulsor>'  award  applicable  to  all  public  utility  enterprises 
\  smaller  group  goes  further  and  insists  upon  compulsion  m  all 
industries  Involving  a  minimum  number  of  men.    On  the  other 
Vn.nH   thP^e  .ire  onnosed  bv  extieme  indiMiluahsts  who  stand 
strongly  in  favor  of  the  application  of  the  methods  ot  tne  past. 


212     AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Between  them  the  public  at  large  is  not  greatly  stirred  in  or- 
dinary times.  It  is  evident,  however,  that  each  serious  dis- 
turbance tinds  the  ranks  of  the  former  class  somewhat  aug- 
mented even  if  there  does  not  appear  to  be  much  depletion  in 
the  numbers  of  the  latter. 

EARLY  DISCUSSION  —  COMP JLSORY  ARBITRATION 


It  is  not  easy  to  assign  any  definite  time  when  open  discussion 
of  arbitratiua  began  in  the  United  States.  The  early  labor 
disputes  were  brought  to  an  end  generally  in  one  of  three  ways. 
They  were  closed  by  an  agreement  voluntarily  reached  by  the 
parties.  They  were  fought  to  a  finish.  Or  they  were  taken 
to  court.  The  second  method  was  the  most  usual.  European 
countries  were  developing  definite  and  permanent  organizations 
through  which  arbitration  was  applied.  The  knowledge  of 
these  sprearl  to  this  country.  Workingmen  especially  became 
interested  in  them.  As  the  possibility  of  a  peaceful  method  of 
settling  disputes  became  a  matter  of  more  general  knowledge, 
it  began  to  attract  more  favorable  attention.  By  the  early 
eighties  results  began  to  appear.  The  Knights  of  Labor  was  in 
the  full  height  wf  its  influence  in  these  years.  It  took  a  positive 
stand  on  the  subject.  "In  the  management  of  great  or  small 
concerns,"  wrote  Mr.  Powderly,  in  the  Story  of  Labor,  "each 
trouble  or  ditTerence,  whether  in  relation  to  discipline  or  wages, 
should  be  talked  over  in  a  conciliatory  spirit  and  arbitrated. 
Joint  boards  of  arbitration  should  be  formed  between  manu- 
facturers and  workmen  all  over  the  country."  It  was  the  gen- 
eral policy  of  the  Knights  to  discourage  strikes  and  to  emphasize 
particularly  the  principle  of  arbitration.  In  the  Preamble  to  its 
constitution  it  stated  as  one  of  its  aims:  "The  enactment  of  laws 
providing  for  arbitration  between  employer  and  employed,  and 
to  enforce  the  decision  of  the  arbitrators."  Later  in  the  same 
Preamble  it  further  declared:  "We  will  endeavor  to  associate 
our  own  labors  ...  to  persuade  employers  to  agree  to  arbi- 
trate all  differences  which  may  arise  between  them  and  their 
employees,  in  order  that  the  bonds  of  sympathy  between  them 
may  be  strengthened  and  that  strikes  may  be  rendered  un- 
necessarv." 

This  agitation,  following  as  it  did  upon  the  series  of  strikes 


ARBITRATION 


21.^ 


of  the  ncriofl,  gained  serious  attention.  The  result  was  generally 
sneaking  a  step  forward  in  the  stages  of  development  through 
which  we  have  passed.  State  legislatures  were  appealed  to 
and  laws  were  enacted  that  established  state  boards  to  act  as 

arbitrators.  _        . 

The  Unions  and  Compulsory  Arbitration.  -  For  a    ime 

compulsory  arbitration  was  called  for  by  organizations  of  la- 
borers and  demand?  wei.-  made  for  laws  embodying  such  a  pol- 
icy    This  period  of  agitation  was  pretty  closely  associated  with 
the  years  of  Knights  of  Labor  supremacy.    In  Ne^'.  \  ork  State 
especially  the  records  of  the  proceedings  of  the  Workingmen  s 
Assembly  show  a  distinct  demand  on  the  part  of  that  organi- 
zation for  compulsory  arbitration  between  1888  and  i8<)4.     1  he 
Assembly  had  secured  in  1886  a  State  Board  with  powers  of 
voluntary  arbitration.     The  hopes  that  were  entertamed  for 
the  work  of  the  board  were  not  realized.    The  disappointment 
found  expression  in  a  search  for  some  way  to  compel  employers 
to  submit  differences  to  the  board.     Compulsory  arbitration 
seemed  the  natural  way.    In  1888  the  convention  of  this  state 
organization  resolved:  "in  view  of  the  fact  that  in  most  cases 
the  spirit  of  the  law  is  evaded  by  the  refusal  of  employers  to 
arbitrate  with  the  state  board  ...  we  demand"  amendments 
to  the  law  to  "compel  the  submittal  of  all  existing  trouble  to 
the  said  Board  of  Arbitration  when  deemed  necessary.  '     \gain 
in  1893  the  convention  passed  the  following:  "Whereas,  Recog- 
nizing the  fact  that  compulsory  arbitration  would  be  one  of 
the  best  measures  in  the  interest  of  labor;  therefore   be  it  re- 
solved, that  we  demand  at  the  hands  of  the  state  legislature 
;  n  amendment  of  the  present  law  making  arbitration  compul- 
sory   thereby  enabling  the  Board  to  enforce  their  decisions. 
That  this  board  was  of  the  same  opinion  as  the  association  of 
workingmen  appears  from  the  fact  that  their  annual  reports 
favor  the  adoption  of  legislation  providing  compulsory  arbi- 
tration. ,  ,      .1      •   a 

As  the  Workingmen's  Assembly  was  largely  under  the  influ- 
ence of  the  Knights  of  Labor  it  is  not  surprising  that  such  an 
attitude  should  develop.  The  change  to  opposition  was  also 
a  natural  one.  So  far  as  the  records  of  the  organization  show, 
fh.  rhancrp  k  accounted  for  easily.  While  the  demands  for  a 
compulsory  arbitration  law  were  being  asserted  the  leaaers 


214    AN  INTkOULCTIOX  TO  STLUV  OF  ORCiAMZKD  LABOR 


sought   IcRal  adviii'.     They  wore  told   that   the  rourts  might 
uphold  a  law  compelling  corjjorations  to  ^ui)mit  to  arbitration 
hut  a  law  compelling  an  individual  to  arbitrate  would  in  all 
probability  be  held  unconstitutional.     In  the  language  of  the 
proceedings:  "Seeing   that  it   was     seless  io  bother  with  the 
matter  it  was  dropped."     Another  series  of  events  doubtless 
had  much  to  do  with  this  change  of  policy.     The  Workingmen's 
.Assembly  had   a   rival  organization  and   after  some  years  of 
negotiation  a  new  adjustment  was  made.    The  result  was  that 
the  Workingmen's  Assembly  and  the  \ew  York  State  Branch 
of   the  American   Federation  of  Labor  were  amalgamated   in 
iSqS  into  the  Workingmen's  Federation  of  New  York  State. 
This  organization,  since  become  the  New  York  State  Federation 
(jf  Labor,  was  dominated  by  the  methods  and  principles  of  the 
American  Federation  of  Labor.     That  national  body  has  from 
the    beginning   quite    consistently   opposed   anything    looking 
toward  compulsory   arbitration.     Doubtless   this  change   had 
much  to  do  with  the  passing  of  that  period  in  which  organiza- 
tions of  laborers  actively  urged  compulsory  arbitration.    Other 
reasons  have  been  assigned  for  the  change.     It  is  urged  that 
as  the  laborer  usually  has  supreme  confidence  in  the  justness 
of  his  claims  and  is  unable  to  see  anything  favorable  in  the 
claims  of  the  employer,  it  was  good  policy  to  enforce  compulsory 
arbitration  as  it  would  compel  the  adoption  of  a  verdict  that 
was  certain  to  be  favorable  to  laborers.     It  is  further  urged  that 
experience  with  voluntary  arbitration  revealed  the  real  possibility 
of  a  finding  in  favor  of  the  employer,  in  which  case  the  worker 
would  be  compelled  to  accept  some  condition  of  labor  against 
his  will.    The  truth  of  this  explanation  is  not  easy  to  establish. 
It  is  a  fact  that  tribunals  not  infrequently  found  the  employer 
justified  in  his  position.     It  is  also  a  fact  that  these  awards 
the  workers  were  not  willing  to  accept.     This  situation,  stated 
thus  rather  concretely,  has  been  generalized  and  is  the  form 
of  opposition  that  practically  all  organizations  of  labor  now 
show  when  compulsory  arbitration  is  suggested.    When  a  com- 
pulsory arbitration  bill  was  before  the  New  York  State  legisla- 
ture in  1900  it  was  actively  opposed  by  the  state  Federation 
not  because  of  its  particular  provisions  but  because  of  the 
r^rincinle  involved      "We  cannot  afford,"  sa.il   the  president 
of   the   Federation,  "to  endorse  a  proposition  whicn    -^arries 


aruhraiion 


21  = 


with  it  the  possibility  of  a  man  Inin^  compelled  to  work  for  an 
fmployer  or  undor  conditions  obnoxious  to  him,  with  the  al- 
ternative of  fmc  or  imprisonment.  This  seems  to  be  the  con- 
^in'^ns  of  opinion  amon^;  trade  unionists." 

Current  Interest.  -  That  the  issue  is  still  alive  appears  at 
intervals  in  the  periodical  literature  at  various  tmies,  as  well  as 
in  the  labor  press.     .\  recent  visit   to  .America  by  prominent 
Australian  leaders  stirred  up  the  (luestion  anew.     I'rominence 
was  given  to  the  issues  in  which  these  men  were  interested.     In- 
terviews were  printed,  their  addresses  were  published  and  the 
magazines  of  the  day  took  up  the  discussion.    These  Australian 
visitors  hail  much  to  say  about  compulsory  arbitration.    Judge 
Higgins,  President  of  the  Commonwealth  .Arbitration  Court  of 
Australia,  was  very  outspoken  in  favor  of  the  plan  and  very 
positive  of  the  benefits  that  resulted  to  the  country  from  its 
adoption     H''s  statements  were  not  allowed  to  go  unchallenged, 
however     The  labor  press  flid  not  look  with  favor  upon  them. 
It  declared  that  '"Judge  Higgins  has  been  a  member  of  the  court 
during  the  greater  part  of  its  existence  and,  as  is  to  be  expected, 
approves  of  the  court  and  its  policies."    It  hastens  to  add  that 
'•his  is  the  view  of  one  who  looks  at  the  labor  movement  and 
labor  problems  from  the  outside.    He  has  a  legal  conception  that 
unions  must  exist   because   the   whole  system  of   compulsory 
arbitration  rests  upon  responsible  unions.    'Should  it  be  neces- 
sary,' he  naively  states,  'the  attorney  general  is  given  authority 

to  create  a  union.'" 

To  counteract  the  statements  favorable  to  compulsory  ar- 
bitration, other  authorities  from  the  same  country  were  inter- 
viewed and  their  opinions  given  equally  wide  circulation.  These 
views  are,  in  the  minds  of  the  American  leaders,  of  much 
greater  weight  since  they  come  from  "those  who  view  the 
labor  movement  from  within  the  ranks  of  the  workers  and 
who  have  had  long  and  intimate  experience  with  conditions  in 

Australia."  _  r  .l    tt  •.    i 

Mr  H  P  Hickey,  General  Secretary-Treasurer  of  the  Lnited 

Federation  of  Labor  of  New  Zealand,  was  quoted:  "Let  me  say 
that  I  have  read  from  time  to  time  of  your  strenuous  opposition 
to  compulsory  arbitration.  Believe  me,  if  you  could  see  the  curse 
it  is  in  this  young  country  with  all  its  ramifications  and  oppres- 
sion  and  reprebbiuu  your  aniagoiwMii  ■.*.uu:-^   :--^  •_ -••  ;, 


:i<>     \S  INI  KOI  JlC  HON  TO  STl'DY  OF  OR(iANI/i:i»  I.AHOR 


Here  it  is  simply  (rushing  thf  licurt  of  hiliur  and  unkss  the  re- 
peal of  -ime  of  the  leKislalion  is  not  swiftly  secured  in  the  direc- 
tion of  giving  the  right  to  the  workers  to  use  their  organizations 
in  tlu'  direction  the  majority  sec  fit,  I  am  much  afraid  the  result 
will  lie  chaotic  in  the  extreme." 

It  is  further  staled  in  the  labor  press  that  "Mr.  Albert  Hinch- 
clitTe,  a  member  of  the  .Xustralian  printers'  union  and  of  the 
Parliament  of  Queensland,  recently  made  a  trip  through  the 
United  States  and  visited  the  headciuarters  of  the  .\merican 
f\-(l(  ration  of  Labor.  In  discussing  this  phase  of  .Xustralian 
legislation  Mr.  IlinchclitTe  said  to  us  it  had  fletermined  the 
effectiveness  of  labor  organizations  by  making  the  workers  look 
to  outside  agencies  for  better  conditions  and  had  thereby  stunted 
the  initiative  and  growth  of  organizations.  Like  Mr.  Hickey, 
he  said  it  had  taken  the  heart  out  of  the  mo^      icnt." 

The  subject  was  regarded  as  of  sufTicicnt  .mportance  by  the 
Anthracite  Coal  Strike  Commission  to  be  given  notice  in  its 
rey)ort.    It  said: 

"There  are  some  who  have  urged  the  Commission  to  recom- 
mend the  adoption  of  compulsory  arbitration,  so-called,  as  the 
means  of  securing  this  desired  result  (settling  trade  disputes  in 
the  coal  industry),  but  we  can  not  see  our  way  to  recommend 
any  such  drastic  measure.  We  do  not  believe  that  in  the  United 
States  such  a  system  would  meet  with  general  approval  or  with 
success.  Apart  from  the  apparent  lack  of  constitutional  power 
to  enact  laws  providing  for  compulsory  arbitration,  our  indus- 
tries are  too  vast  and  too  complicated  for  the  practical  appli- 
cation of  such  a  system. 

"We  do  believe,  however,  that  the  State  and  Federal  govern- 
ments should  provide  the  m' chinery  for  what  may  be  called 
the  compulsory  investigation  of  controversies  when  they  arise. 
The  States  can  do  this  whatever  the  nature  of  the  controversy. 
The  Federal  Government  can  resort  to  some  such  measure  when 
difficulties  arise  by  reason  of  which  the  transportation  of  the 
United  States  mails,  the  operations,  civil  and  military,  of  the 
Government  of  the  United  States,  or  the  free  and  regular  move- 
ment of  commerce  among  the  several  states  and  with  foreign 
nations  are  interrupted  or  directly  alTected  or  are  threatened 
with  heinp  interrunted  or  affected." 


ARBITRATION 


STATE  I.F.r.ISI.ATION  AND  ARBITRATION- 


217 


The  ai^itation  for  compulsory  arbitration  did  not  k-ad  to  the 
adoption  of  any  spetitlr  measures.  Indirectly  it  strengthened 
the  growim;  fedinR  of  ihe  day  that  str'  es  should  be  settled  i^ 
such  manmr  as  to  avoid  their  serious  iiseciuences.  This  led 
to  the  adoption  of  laws  pa-^ed  i)y  a  iuiml)er  of  state  lefiislalures 
providing  for  public  agencies  for  the  settlement  of  industrial 
disputes,  ik'lween  1S7S  and  iSgo  thirteen  states  placed  upon 
their  statute  lH)oks  laws  looking  to  this  end.  By  igoo  ten  more 
joined  the  group.  By  i()i5  this  number  had  been  increased  to 
thirty-two  states.  The  plans  comprehend  all  varieties  and  com- 
binations of  mediation,  and  voluntary  arbitration  together  with 
compulsory  investigation.  In  a  comparative  study  of  this  group 
of  legislation  and  its  results  Dr.  Leonard  W.  Hatch  divides  the 
laws  into  four  classes:  Laws  providing  for  (i)  local  arbitration 
with  no  permanent  agency  therefor;  (2)  permanent  district 
or  county  boards  established  by  private  parties;  (.0  arbitration 
or  conciliation  (mediation)  through  the  agency  of  state  com- 
missioners of  labor;  and  (4)  a  special  state  board  or  commission 
for  the  settlement  of  industrial  disputes.  A  detailed  description 
of  all  these  laws  will  not  he  necessary  here.  There  was  much 
copying  in  drafting  the  later  ones,  as  the  earlier  ones  proved  their 

strength. 

Forms  of  State  Legislation.  —  The  central  idea  runnmg 
through  them  all  was  the  desire  toarrange  a  method  whereby  the 
state  government  could  in  an  official  way  either  offer  its  services 
or  give  public  legal  sanction  to  some  private  agency  for  settle- 
ment. This,  as  has  been  shown,  was  especially  favored  by  the 
workingmen.  They  became,  through  their  various  organiza- 
tions, active  in  securing  the  laws  and  frequently  looked  upon 
them  with  especial  favor  as  the  product  of  their  own  work.  .\s  to 
results  Dr.  Hatch  disposes  of  the  first  group  with  the  comment: 
"all  turned  out  to  be  practically  dead  letters."  Of  the  second 
class,  permanent  local  boards  established  by  private  parties,  he 
further  says  "much  the  same  verdict  of  failure  as  above  must 
be  pronounced."  The  plan  of  intervention  by  a  state  com- 
missioner appears  to  have  worked  somewhat  better.  Reports 
show  positive  results  though  falling  in  fact  far  short  of  expecta- 
tions.    The  later  enactment  of  a  law  in  some  01    ihcsc  slates 


2l8     AN   IMROhlC   I  ION    K)  STUDY  OF  ()k(.\M/.l  l>  I.AHOK 


tstalili>hinK  a  state  hoard  is  in  itself  evidence  that  the  single 
commissioner  plan  did  not  meet  with  the  success  that  was  an- 
ticipated. 

The  State  Boards.  —  It  is  in  connection  with  the  state  boards 
that  the  most  serious  and  profitable  work  has  been  done.  This 
plan  has  been  adopted  in  by  far  the  larRer  number  of  states  in- 
cludinp;  the  leading  industrial  commonwealths,  as  New  York, 
Massachusetts,  Connecticut,  New  Jersey,  Ohio,  Illinois,  Missouri 
and  others.  The  importance  of  this  class  of  laws  and  their  ac- 
complishments warrants  more  detailed  description.  New  York 
and  Massachusetts  led  ot7  with  their  laws  both  in  the  same  year, 
1886,  and  they  were  in  a  sense  models  for  the  other  states  of  this 
class.  Boards  were  constituted  by  appointment  by  the  governor, 
confirmed  by  the  senate.  In  Massachusetts  the  provision  was 
that  employers  and  employees  both  be  represented  by  a  member 
of  the  board  and  that  the  third  member  be  chosen  by  the  other 
two  and  appointed  by  the  governor  of  the  state.  In  New  York 
the  personnel  was  ditTerent.  The  appointments  were  all  to  be 
made  by  the  governor,  one  to  be  selected  from  each  of  the  two 
largest  political  parties  and  the  third  from  a  labor  organization. 
This  has  been  changed  in  more  recent  legislation  so  that  the  bi- 
partisan character  of  the  New  York  board  has  disappeared.  The 
work  is  now  under  the  direction  of  the  Industrial  Commission 
created  by  the  1915  session  of  the  legislature.  If  partisan  at 
all,  it  has,  of  course,  the  complexion  of  the  party  in  power.  The 
Massachusetts  principle  of  representation  of  employers,  em- 
ployees and  the  state  has  been  retained  in  that  Commonwealth. 
These  boards  were  intended  to  act  as  boards  of  mediation  or  of 
voluntary  arbitration  gi-'ng  their  services  when  called  in  by  the 
parties  concerned.  The  i  ward  was  intended  to  be  binding  upon 
the  parties,  the  invitation  ♦o  arbitrate  being  understood  to  be  an 
agreement  to  accept  the  av/ard.  The  plan  was  not  intended  in 
any  sense  to  be  an  application  of  the  compulsory  arbitration 
principle,  as  the  award  is  binding  only  by  voluntary  assent  that  it 
be  so. 

.\n  important  feature  is  the  provision  for  public  or  compulsory 
investigation.  The  New  York  board  was  simply  authorized  to 
make  an  inquiry  into  the  causes  of  the  trouble  and  publish  the 
same,  and  the  Massachusetts  plan  authorizes  the  board  to  go 
further  and  li.\  the  responsibility  for  the  outbreak.    In  this  state 


Akunk.vnoN 


219 


■.ucli  I  >-.tiK;Ui<Hi  is  ohli^^atory.  'Iliis  liricf  oulliiu'  makes  no 
atti  ini>t  to  (Ksi  ril)c  tliv  (ictails  of  the  provisions  of  either  of  these 
two  stale  Ijoards  or  to  enter  into  any  discussion  of  those  of  other 
states.  N'evv  York  and  Massachusetts  have  l)eeii  admittedly 
leaders  in  the  provision  for  such  arbitration.  Tlie  other  states 
have  freely  copied  their  plans.  "The  prevailing  type  (of  state 
l)oar(i),  ju<lKin«l)y  the  number  of  slates  adopting  it,  is  that  of  the 
New  \ork  laws,"  says  Stimson,  in  his  Handbook,  though  he 
thinks  that  perhaps  the  Massachusetts  law  has  worked  rather 
better  in  practice. 


i 


CHAPTER  Xm 
ARBITRATION  (Continued) 


Results  of  State  Boards.  —  The  results  accomplished  by  this 
method  of  state  arbitration  are  not  easy  to  estimate.  Much 
difference  of  opinion  exists.  Dr.  Hatch,  writing  in  1905,  divided 
the  seventeen  state  boards  then  existing  into  two  groups.  One 
included  "thoL  '  which  have  been  active  relatively  little  or  not 
at  all."  This  group  included  nine  states.  The  other  included 
"those  with  records  of  some  considerable  activity  ever  smce 
their  establishment."  Of  these  there  are  eight:  New  York, 
Massachusetts,  New  Jersey,  Ohio,  Wisconsin,  Illinois,  Indiana, 
ISlissouri;  all  of  them  important  industrial  states  with  large  and 
complex  industries. 

The  New  York  board,  the  pioneer  board  of  the  movement, 
was  first  organized  as  a  board  with  appellate  jurisdiction  only. 
Local  boards  provided  for  in  the  law  must  be  called  in  first, 
and  only  on  their  failure  could  the  state  board  act.  Events 
forced  a  change  almost  immediately.  Two  strikes  of  some 
magnitude  occurred.  Ten  thousand  laborers,  chiefly  women 
in  the  collar  industry  at  Troy,  were  involved  in  a  combination 
strike  and  lockout.  In  this  same  city  2,500  hands  were  on  strike 
in  the  steel  and  iron  works.  The  board  was  ready  to  act  and 
public  and  press  joined  in  a  call  for  its  action.  But  in  the  opinion 
both  of  the  board  itself  and  of  the  attorney  general  of  the  state, 
the  law  gave  the  board  no  authority  to  act  on  its  own  initiative. 
Yielding  to  popular  demand  the  board  did  offer  its  services 
in  mediation  and  succeeded  in  bringing  the  parties  together  for 
a  settlement.  In  six  other  instances  similar  action  was  taken 
within  a  few  months  though  such  action  had  no  legal  justifica- 
tion. .At  the  next  session  of  the  legislature  the  provisions  were 
changed  giving  the  board  direct  jurisdiction  when  appealed  to 
by  the  parties,  and  also  extending  its  authority  in  mediation 
and  investigation.  This  placed  the  law  on  a  more  permanent 
basis.    Referring  to  the  possibilities  under  the  law  the  commis- 


ARBITRATION 


221 


sioner  states  in  his  report  for  IQ13:  "In  the  nature  of  the  case, 
as  the  law  now  stands,  what  shall  be  done  in  this  field  depends 
mainly  upon  the  [)olicy  of  the  Commissioner  of  Labor.  The 
Department  may  intervene  at  any  time  for  purposes  of  con- 
ciliation (mediation),  and  it  may  publicly  investigate  any  dis- 
pute at  any  time.  It  can  do  nothing  through  arbitration  e.xcept 
as  parties  in  dispute  agree  that  it  shall,  but  outside  of  that  its 
activities  in  the  line  of  friendly  reasoning  or  investigation  on 
behalf  of  the  public  depend  upon  the  policy  of  the  Department." 
The  commissioner  emphasizes  the  possibilities  of  public  investi- 
gation, and  states  it  as  a  part  of  the  program  "to  make  freer 
use  of  this  [rower  of  public  investigation,  v.henever  the  public 
interest  seems  to  warrant.  This  power  has  been  but  little  used 
in  the  past  in  this  state,  but  the  experience  we  have,  and  es- 
pecially experience  elsewhere,  indicates  that  this  is  in  line  with 
modern  progress." 

Estimate  by  Officials.  —  If  the  officials  themselves  be  left  to 
speak  on  their  usefulness  it  cannot  be  said  that  modesty  stands 
in  the  way  of  candid  expression  of  their  conception  of  the  value 
of  their  work.  In  a  report  of  a  western  state  a  commissioner 
says:  "Wherever  difficulties  of  any  kind  have  occurred  be- 
tween employers  and  employees  your  commissioner  has  in- 
variably been  called  upon  as  a  mediator,  and  in  nearly  all  in- 
stances his  eflorts  have  resulted  in  a  speedy  and  satisfactory 
adjustment  of  all  difficulties."  For  a  period  of  ten  years  the 
reports  of  this  bureau  show  71  strikes.  In  three  only  did  the 
commissioner  intervene.  One  intervention  was  at  the  request 
of  the  governor,  another  was  on  his  own  motion  and  the  third 
was  at  the  request  of  the  parties.  The  reports  do  not  show  that 
he  brought  about  a  settlement  in  any  one  of  these  instances. 

Writing  for  the  American  Federationist,  in  iSq4,  a  member 
of  the  New  Yoik  State  Board  presents  rather  a  vivid  picture. 
"Arbitration  is  growing."  If  employer  and  employee  "have 
differences,  let  an  entirely  disinterested  party  appointed  by 
the  state  be  called  in  and  settle  the  points  at  issue.  That  this 
is  feasible  has  already  been  amply  demonstrated.  .  .  .  .'Arbi- 
tration by  the  state  has  already  accomplished  much  in  New 
York.  .  .  .  The  Arbitration  Commission  is  ever  watchful 
and  its  good  offices  always  in  demand.  The  sanguine  striker 
in  the  first  iiush  of  the  battle  may  igauie  the  peacemaker,  out 


22  2    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

returning  reason  accepts  his  intervention.  The  just  employer 
recognizes  the  utility  of  this  state  official.  The  hostile  forces 
are  brought  together  by  the  arbitrator,  reason  and  justice  sit 
down  on  the  same  bench  and  the  result  is  the  workman  returns 

to  his  shop." 

Results  as  Shown  in  Reports.  —  During  the  first  fourteen 
years  under  the  law,  down  to  the  end  of  iqoo,  there  were  in  New 
York  State  6,189  strikes  and  lockouts  repo.-ted.    Of  these  the 
board  intervened  in  SQO  cases  (6.3rc)-    Of  this  number  the  board 
took  preliminary  action  only  in  135  cases.    There  was  positive 
intervention  in  274  cases.    In  119  of  these  the  result  was  a  settle- 
ment and  in  155  cases  the  board  failed  to  secure  a  settlement. 
This  gives  a  net  result  of  securing  a  settlement  in  less  than  2% 
of  the  strikes  during  the  period,  though  there  was  aggressive 
intervention  in  nearly  4-5%  of  the  disturbances.     Of  the  119 
settlements  effected,  97  were  by  mediation,  21  by  arbitration 
and  one  through  public  investigation.     Of  the  cases  in  which 
the  boaid  acted  (1886-1900)  the  request  came  from  employers 
in  16  cases,  from  employees  in  34  cases,  and  from  both  in  8 
cases.    In  58  cases  in  all,  or  about  one-seventh  of  the  number 
of  interventions,  were  the  services  of  the  board  sought.    During 
the  last  two  years  for  which  figures  are  available,  1912  and  1913, 
the  reports  show  again  the  results  of  the  work  of  this  board.    In 
the  two  years  there  were  452  strikes  and  lockouts.    Of  these 
244  were  settled  either  wholly  or  partly  in  accordance  with 
the  demands  of  employees,  185  were  settled  by  direct  negotia- 
tion between  the  parties,  53  by  mediation  of  the  state  bureau, 
one  by  mediation  of  outside  agencies,  and  5  by  arbitration. 
Thus  it  appears  that  of  the  452  strikes,  5  were  successfully 
arbitrated  by  the  state  board,  and  53  successfully  mediated. 
Of  "he  131  interventions  made  in  the  two  years,  37  were  made 

on  reqvcst  , 

On  the  basis  of  these  figures  the  report  of  1913  says:  The 
State  Department  of  Labor  through  this  Bureau  has  exercised 
a  growing  influence  in  the  prevention  of  strikes  and  the  settle- 
ment of  industrial  disputes.  The  Bureau  has  intervened  in  all 
of  the  important  disputes  of  the  year  and  is  recognized  through- 
out the  state  as  a  fair,  impartial  body;  employers  and  work- 
men  aiikc  Usuaiiy  wXicOMc  lu.  ^\^i:\iii~=- 

In  the  experience  of  Massachusetts  a  few  months  were  sufii- 


ARBITRATION 


223 


cicnt  to  show  that  the  law  as  at  first  passed  did  not  give  the 
board  sufficient  scope.  It  was  amended  at  the  first  oppor- 
tunity, by  giving  the  board  the  power  to  intervene  of  its  own 
motion,  and  to  conduct  public  investigation  as  well  as  media- 
tion or  arbitration.  Summing  up  the  work  of  the  first  eighteen 
years  (as  shown  in  Dr.  Hatch's  study),  there  wer^  2,628  strikes 
and  lockouts  in  the  state  during  the  period.  Of  these  the  board 
acted  in  524  cases,  or  20%.  Of  action  taken  before  suspension 
of  work  there  were  419  cases,  making  a  total  of  943  interven- 
tions, 36%  of  the  number  of  strikes.  Of  these  943  interventions, 
69  were  on  invitation  from  employers,  154  from  workmen.  In 
255  cases  both  parties  joined  in  the  invitation,  a  tot-'l  of  478 
instances,  leaving  465  cases  where  the  board  intervened  of  its 
own  initiative.  In  27%  of  the  total  number  of  cases  of  inter- 
vention the  invitation  came  from  both  parties.  In  a  total  of 
409  cases  the  workman  showed  confidence  in  the  board  and 
in  a  total  of  324  instances  the  employers  were  willing  to  seek 
the  board's  assistance.  The  success  of  the  board  is  shown  by 
185  cases  of  preliminary  action  only,  460  settlements  effected 
and  298  failures.  The  disputes  settled  by  mediation  numbered 
229,  and  by  arbitration  224.  Public  investigation  was  the 
means  of  settling  3,  and  4  were  decided  on  submission  of  one 
party. 

Comparison  between  the  work  of  these  two  boards  for  these 
years  shows  that  the  Massachusetts  board  has  been  the  more 
successful  in  arbitration. 

Obstacles  to  Success  of  State  Boards.  —  In  spite  of  these 
evidences  of  success  on  the  part  of  the  state  boards,  there  re- 
mains a  drawback  that  has  very  seriously  hindered  them  in  the 
past  and  must  continue  to  do  so  as  long  as  they  are  composed 
as  they  are.  This  drawback  is  the  charge  of  political  influence. 
As  they  are  appointed,  they  can  hardly  be  expected  to  escape 
all  consideration  of  political  advantage.  As  the  members  are 
more  or  less  directly  connected  with  the  political  fortunes  of 
their  party,  it  is  difficult  for  them  to  make  it  clear  that  they 
are  acting  without  reference  to  party  welfare.  Employers  in 
a  private  way  are  ver>'  outspoken  on  this  point.  It  is  not  un- 
common for  them  to  refuse  because  they  have  the  suspicion 
that  the  board  is  looking  for  a  chance  to  make  campaign  ma- 
terial lor  the  next  election.    The  larger  the  numbers  involved 


lii   h 


ii 


2J4   AN  iNrkoDUcrioN  m  study  of  orc.anizi;d  labor 

in  the  strike  the  greater  the  temptation  to  "play  poHtics"  in 
the  efforts  to  bring  about  a  settlement.    No  one  is  quicker  than 
the  shrewd  employer  to  detect  such  a  motive.     Many  of  them 
rebel  against  such  a  use  being  made  of  the  situation.     One 
prominent  among  organized  employers  declares  that  "a  poht- 
ically  created  state  board  cannot  by  the  very  nature  of  its  being 
render  just  and  impartial  decisions  in  labor  disputes.        Ihe 
evidence  in  support  of  such  a  contention  is  not  easily  gathered 
and  cannot  be  tabulated  in  mathematical  form.     It  is  not  a 
matter  of  pubUc  record.    It  is  to  be  discovered  by  reading  be- 
tween the  lines  and  by  listening  to  both  employers  and  other 
representative  men  when  they  are  not  talking  for  publication 
It  comes  from  experience  and  observation.    It  impresses  itself 
upon  those  most  directly  concerned  while  they  are  having  the 
practical  experiences  of  labor  troubles  to  be  settled.    Many  an 
employer  is  too  suspicious  of  the  motives  of  the  m      bers  of  the 
fward  and  of  their  methods  of  work,  even  while  for  expediency  s 
sake  he  submits  to  mediation  at  their  hands.    This  difficulty  is 
beyond  doubt  a  real  one.     The  boards  themselves  in  many 
instances  by  their  very  methcxis  of  work  have  aroused  and 
strengthened  the  suspicion  against   them.     However  glowing 
mav  be  the  accounts  of  their  own  work  as  stated  by  themselves 
in  their  official  reports,  the  fact  remains  that  the  suspicion  of 
politics  forms  a  very  real  barrier  to  the  expandmg  usefulness 
of  the  state  boards. 

FEDERAL  LEGISLATION   AND  ARBITR.\TION 

The  serious  strikes  of  the  eighties  had  an  effect  on  arbitration 
tliat  was  not  confined  to  the  commonwealths  alone.  In  Con- 
gress the  matter  was  given  serious  attention.  The  result  wirs  the 
beginning  of  a  development  that  has  not  yet  reached  a  conclu- 
sion. .  ,      .  , 

First  Legislation.  -  In  i8S6  a  special  Presidential  message 
was  addressed  to  Congress  urging  action.  In  i88S  the  hrst 
federal  law  was  passed.  Recognizing  the  constitutional  limita- 
tions on  Congress  the  law  was  made  applical)le  only  to  trans- 
portation agencies  and  to  disputes  that  affected  interstate  traffic. 
a,  ^j,  „j.K.:t.;,t;.,iti  measure  it  wns  provided  that  if  the  parties 
agre'ed ."two  should  be  selected,  oi     by  the  railroads  and  one  by 


AKBITRATIOX 


225 


the  employees,  and  thev  two  should  select  a  third.  Such  a  board 
was  Riven  power  to  secure  evidence  similar  to  commissioners 
appointed  by  courts.  The  award  was  to  be  reported  to  the 
United  States  Commissioner  of  Labor  and  by  h.m  pubhshec  . 
The  publication  of  the  report  ended  the  existence  of  the  board. 
The  parties  could  accept  or  not  its  decrees.  This  was  as  far  m 
the  direction  of  arbitration  as  it  was  thought  safe  for  Congress  to 
go  and  the  plan  was  one  of  voluntary  arbitration  with  legal 
authority  for  the  arbitrators  to  secure  evidence. 

Legal  Investigation.  -  The  bill  contained  also  a  provision  for 
legd  investigation.    It  gave  the  President  power  to  appoint  two 
commissioners  who  together  with  the  Commissioner  of  Labor 
should  constitute  a  board  of  inciuiry.     The  authority  of  this 
board  was  the  same  as  in  the  other  case.    It  might  be  called  into 
existence  in  any  one  of  three  ways:  at  the  instance  of  the  Pres- 
ident, upon  request  of  one  of  the  parties,  or  upon  the  request  of 
the  governor  of  the  Commonwealth.     This  was  the  provisiori 
similar  to  the  compulsory  investigation  plans  adopted  by  several 
of  the  states.    This  law  providing  for  voluntary  arbitration  and 
compulsory  investigation  was  an  experiment.    Many  had  hopes 
that  it  would  be  useful.    These  expectations  proved  not  to  be 
well  founded,  however.     No  arbitration  occurred  during  the 
ten  years  of  its  life  and  there  was  but  one  investigation      I  he 
Pullman  strike  of  1894  came  to  an  end  about  the  middle  o  July. 
The  Cleveland  Commission  of  investigation  was  appointed  on 
July  26th.    There  being  then  no  dispute  to  sett  e  it  proceeded  to 
investigate  the  events  of  the  strike  and  made  some  va  uable 
recommendations.     In  November  the  report  was  made  to  the 
President  and  submitted  by  him  to  Congress  in  December     It 
could  hardly  be  called  an  effort  to  settle  the  strike.     \ct  the 
report  was  'important  in  that  it  revealed  conditions  and  made 
recommendations  that  led  to  a  new  law.    Four  years  •at'-r.  i^9^ 
the  new  law  was  passed.    The  investigation  feature  was  droppt 
and  provision  was  made  for  mediation  and  arbitration.    The 
same  constitutional  limitations  were  recognized  and  practical 
the  .ame  questions  were  subject  to  the  lunsdiction  of  the  boa  d 
Mediation  was  evidently  not  regarded  as  ottering  very  nopdul 
prospects.    If  requested  by  either  party  to  the  dispute  the  Cha   - 
man  of  the  Interstate  Commerce  Commission  and  the  Commis- 
sioner of  Labor  were  to  extend  liieii  ctiu  u. 


_, *Uf* 


22b     A.\  IMl^OULL  HON    lO  SILUV  Ul  ( )R(  l.WIZKlJ  LACoii 


troversy.  In  case  they  (ii<l  not  succeed  they  were  then  to 
attempt  to  secure  arbitration. 

The  New  Law:  Arbitration  Features.  —  The  lar^rer  part  of 
the  law  was  concerned  wilii  arhitration.  This  was  of  course  to  be 
voluntary.  The  steps  lowaril  organization  were  strengthened  by 
authorizing  the  Chairman  of  the  Interstate  Commerce  Commis- 
sion and  the  Commissioner  of  Labor  to  name  the  third  memh_r 
in  case  the  two  appointed  should  not  within  five  days  agree  upon 
the  third.  In  still  another  respect  the  new  law  was  much  more 
positive.  In  case  the  board  of  arbitration  was  constituted,  both 
parties  must  bind  themselves  to  accept  tlie  award,  refrain  from 
strike  or  lockout  pending  the  arbitration,  and  observe  the  award 
for  at  least  thirty  days.  This  was  made  enforceable  by  court 
procedure. 

Five  specific  things  must  be  agreed  to  by  the  parties,  (i) 
Pending  the  arbitration  the  status  prior  to  the  dispute  must 
remain.  (2)  The  award  must  be  final  unless  appealed  and  set 
aside  on  points  of  law.  (3)  The  award  must  be  executed  and 
was  enforceable  in  equity.  (4)  For  three  months  neither 
party  could  sever  the  employment  relation  without  thirty  days' 
written  notice.  (5)  The  award  was  to  continue  in  force  one  year 
with  no  new  arbitration  on  the  subject  unless  an  appeal  should 
set  the  award  aside. 

Mediation  Features.  —  In  mediation  a  gain  was  made  in  this 
law  in  establishing  a  permanent  agency  for  that  purpose.  This 
made  it  easier  to  secure  this  form  of  action.  On  the  other  hand, 
it  was  undoubtedly  a  loss  in  that  the  new  law  allowed  action  only 
on  request  of  one  or  both  of  the  parties,  whereas  under  the 
former  law  the  President  could  of  his  own  initiative  start  the 
mediation. 

In  arbitration  the  law  was  changed  from  voluntary  arbitration 
with  voluntary  award  to  voluntary  arbitration  with  compulsory 
award. 

If  any  new  hopes  were  attached  to  this  revision  of  the  law, 
they  were  destined  to  be  deferred,  for  during  its  early  life  the 
law  was  nut  invoked  in  either  of  its  pruvisions.  Some  eflorts 
were  made  by  the  two  designated  officials  to  bring  about  ar- 
bitration but  to  no  satisfactory  purpose.    The  familiar  reply  was 


fhi    }\\7    tVi^ 


1  »-|-»i  f  r*n  ♦  t\ 


Inactivity  of  First  Years.  —  For  eight  years  the  law  remained 


ARBITRATION 


337 


practically  a  dead  letter,  only  one  effort  being  made  during  the 
time  to  use  it  and  that  proving  a  failure.    The  general  opinion 
prevailed  that  the  attempt  had  come  to  naught.    About  1906  the 
law  was  revived  in  practice  and  since  that  time  it  has  been  a 
factor  of  great  importance  in  adjusting  railroad  labor  contro- 
versies.   The  arbitration  provision  that  was  so  fully  elaborated 
in  the  law  has  been  distinctly  subordinate  in  practice,  while  the 
mediation  provision  has  i)roved  to  be  by  far  the  more  important. 
For  the  seven  \ears  ending  igi i ,  the  law  has  been  invoked  in  a 
total  of  forty-eight  cases,  and  as  some  of  these  involved  more 
than  a  single  controversy  the  number  of  controversies  totals 
nearly  sixty.    Of  these,  nineteen  cases  came  by  application  from 
;he  companies,  thirteen  from  employees,  and  sixteen  were  joint 
applications.    While  the  number  of  cases  in  which  the  employer 
showed  willingness  to  mediate  by  appealing  to  the  law  is  not  so 
much  larger  than  the  other,  it  is  of  some  importance  to  rote  that 
these  nineteen  cases  involved  a  total  railroad  mileage  of  390,000 
miles  and  126,000  men,  a  mileage  and  a  number  of  men  far 
greater  than  in  either  of  the  other  cases.    The  total  for  the  whole 
fortv-eight  cases  was  505,000  miles  and  163,000  men.    This  dif- 
krence  is  explained  as  being  due  to  the  fact  that  when  a  strike 
is  threatened  that  may  become  really  serious,  it  is  the  company 
rather  than  the  employees  which  desires  to  bring  about  a  settle- 
ment through  the  friendly  offices  of  the  mediators.    Of  all  these 
cases  only  two  came  prior  to  1907.    This  revival  of  the  law  has 
been  a  very  hopeful  feature  to  those  who  advocate  mediation 
and  arbitration  through  government  agencies.     The  cases  in- 
volve a  wide  variety  of  controversies  touching  practically  every 
possible  point  that"  is  raised  in  determining  working  relations 
l^'tween  railroads  and  their  employees.     The  frequency  of  the 
appeal  is  also  marked  in  the  latter  years.    In  five  years  only  once 
was  there  a  period  as  long  as  three  months  during  which  media- 
tion was  not  invoked. 

Reasons  for  Slow  Development.  -  Doubtless  the  slowness 
with  which  this  Erdman  Act  was  brought  into  working  operation 
was  largely  due  to  the  provision  that  arbitration  meant  an  ac- 
ceptance of  the  award  and  there  was  no  provision  for  mediation 
except  upon  the  initiative  of  one  of  the  parties  in  dispute.  It  was 
nn!  \intil  those  m.ade  responsible  in  the  law  for  carrying  into  effect 
its  provisions  began  to  assume  the  initiative  that  the  law  began 


228    A\  IXTROnUCTION  TO  STUDY  OV  ORd.WT/.l.i)  LA1U)R 


to  revive.  This  initiative  was  of  course  extra-lcf,'ai.  By  indirect 
methods,  however,  the  ofTuials  Ijrou^ht  to  the  attention  of  one 
of  the  parties  their  desire  to  assist.  This  was  usually  so  adroitly 
done  that  the  pressure  of  pubhc  opinion  was  made  to  count  and 
a  refusal  to  invite  mecHation  would  mean  a  loss  of  public  sym- 
pathy. By  this  skillful  method  the  obstacles  to  the  workinp  of 
the  law  were  removed.  The  proportion  of  mediation  to  arbitra- 
tion indicates  the  relative  importance  of  the  two  in  practice. 
Of  the  fortv-eight  cases  four  were  arbitrated  directly  without 
mediation.  Of  the  forty-four  remaining  cases,  thirty-si.x  were 
settled  by  i.iediation,  and  of  the  remaining  eight  that  were 
carried  on  to  arbitration  the  greater  number  of  points  in  con- 
troversy were  mediated.  By  the  skill  and  tact  of  the  officials 
concerned  the  law  was  saved  and  mediation  was  brought  into 
action  again.  Arbitration  with  compulsory  award  still  remained 
the  dream  of  those  who  gave  to  it  so  large  a  place  in  the  Erdman 

act. 

One  other  point  noted  from  the  experience  with  this  act  is 
of  especial  importance.  In  both  mediation  and  arbitration 
cases  the  emi)loyees  h.'ve  been  members  of  organizations  and 
have  carried  on  their  i)art  of  the  proceedings  through  their 
official  representatives.  These  are  usually  the  national  officers 
of  the  respective  unions  involved  in  the  trouble.  In  the  words 
of  the  Commissioner  of  Labor:  "Although  the  law  applies 
equally  to  organized  and  unorganized  workers,  it  is  difficult 
to  see  how  its  provisions  could  be  carried  out  with  any  degree 
of  satisfaction  except  in  cases  where  organized  employees  are 
dealt  with.  Much  of  the  success  which  has  marked  the  opera- 
tion of  the  law  thus  far  is  probably  due  to  the  fact  that  the 
classes  of  employees  with  whom  it  deals  are  strongly  organized 
and  well  disciplined  groups." 

Growing  Confidence.  —  The  steadily  growing  confidence  in 
this  act  is  shown  by  the  facts.  Prior  to  iqo6  the  provisions  were 
invoked  but  once.  This  case  was  one  in  which  the  employees 
sent  the  re(iuest  for  mediation  and  the  railroad  officials  refused 
to  consider  either  mediation  or  arbitration.  Since  that  date, 
as  the  reports  state,  "there  has  been  no  single  instance  in 
which  mediation  has  been  definitely  rejected  in  any  case  of 


consecjuence  in   whicii  a  >LnKL  w\a= 


.-«V-1  tV^LAOl  1 


i;;;eu.Lcncu. 


As  a  rule,   \vhene\cr  an  application  for  mediation  has  been 


ARUrTRATIOM 


339 


ma<lc  l>v  cither  side  in  any  serious  (.isc,  the  ..ihcr  party  to  the 
controversy  has  cordially  aae,.Ie(l  the  mediators  tender  u[ 
friendly  otrues,  an.l  negotiations  have  been  undertaken  uluch 
have  uniformly  resulted  in  an  amicable  adju>tment  ol  the 
pending  controversy."  . 

Though  this  law  has  been  on  the  statute  hooks  since  iSyS 
and  has  had  at  least  five  years  of  active  ai.phcation  the  Com- 
niissioner  of  Labor  in  1012  said  of  it.  "In  sp.le  of  the  large 
number  of  serious  controversies  successfully  nandled,  the  law 
,nav  be  said  to  be  in  an  experimental  stage,  and  it  is  too  early 
yet'  to  predict  that  it  will  meet  the  exigencies  of  the  future  as 
it  has  those  of  the  past  five  years." 

Recent  Changes. -The  unsatisfactory  result  of  the  arbi- 
tration in  the  case  of  the  Locomotive  Engineers  on  the  eastern 
railroads,  in   iyi2,  was  keenly  felt  by  the  parties  concerned. 
In  this  case  fifty-two  roa.ls  and  over  thirty  thousand  engineers 
were  involved.     Public  opinion  was  satisfied  because  a  strike 
was  averted.    The  intluence  of  the  public  as  decisive  was  evi- 
denced   by   the   fact   that   the   dilT.culties  were  arbitrated    a 
all  under  the  Erdman  Act.     The  railroad  managers  objecte. 
to  so  small  a  number  as  three  on  the  arbitration  board  and 
fmally  it  was  agreed  that  without  legal  authority  the  board 
should  be  enlarged  by  the  addition  of  four  more,  making  a 
board  of  seven,  five  of  whom  were  regarded  as  rei.rc^entatives 
of  the  public.     When  in  the  spring  of  the  next  year  the  hremeri 
of  the  same  district  presented  similar  demands  they  insisted 
upon  arbitration  under  the  Erdman  .\ct.    The  raikoads  finally 
yielded  under  protest,  and  a  board  of  three  members  was  agreed 

"^This  was  followed  immediately  by  demands  from  the  conduc- 
tors and  trainmen.  They  also  proposed  arbitration  under  he 
same  law.  The  roads  again  objected  on  the  ground  that  a 
board  of  three,  made  up  as  it  was.  virtu.illy  ^'t^he  decision 
in  the  hands  of  one  man.  The  matters  involved  ^^ere  qu  U 
too  important  and  too  complex  to  be  settled  m  ^ll'^;^^^y■  /I  . 
roads  and  the  workmen  had  both  had  experience  within  a  lt^^ 
months,  once  with  a  large  board  and  once  with  ^^  -;'f  ;"- 
These  two  controversies  had  served  to  bring  to  light  other 
defects  of  the  act  also.  While  negotiations  were  l-'";J'"f  J'^^^^.s 
third  case,  represeiuaiives  oi  uolh  mc  raiiiouur  .;::•;  


230    A\   INTkOUUCriO.N  K)  SIUI)\    01    ()K(.A.\IZi:iJ  LABOR 

hoods  of  workmen  came  tofi^ithcr  in  apRTir  i  on  a  l)ill  that 
shi'uld  taki'  the  place  of  the  Knhnan  Ad.  The  undersiandinR 
was  that  if  thi->  new  bill  should  at  once  become  law  the  pending 
controversy  would  be  setthd  l)y  an  application  of  its  provisions. 
Thi-  bill  was  i)ut  throuj^'h  practically  without  opposition  and 
the  case  of  the  conductors  and  trainmen  was  the  lirst  to  be 
adjusted  by  it. 

Character  of  New  Law.  —  The  new  law,  known  as  the  New- 
lands  Act,  became  etTective  in  the  summer  of  IQ13,  fifteen 
years  after  the  Krdman  law  was  enacted.  It  repealed  its  prede- 
cessor. In  its  place  there  was  established  a  board  of  mediation 
with  a  commissioner,  an  assistant  commissioner  and  not  more 
than  two  other  government  ofTicials  appointed  by  the  President 
and  Senate.  The  commissionership  is  a  permanent  office,  the 
appointment  being  for  seven  years.  The  board  is  to  deal,  as 
did  the  former  one,  with  such  disputes  between  interstate 
railroads  and  their  employees  engaged  in  train  service  over 
cjue>tion  of  wages,  hours  of  labor  or  conditions  of  employment 
as  ma\-  threaten  serious  interruption  of  business.  Either  party 
may  appeal  to  the  board  for  mediation  or  for  its  services  in 
bringing  about  arijitration.  Also  the  board  may  at  its  discretion 
offer  its  services  of  its  own  initiative.  Arbitration  boards  are 
provided  for  to  consist  of  three  or  si.\  members  as  the  parties 
may  agree.  One-third  of  such  board  is  to  be  named  by  each 
party  and  the  remaining  third  selected  by  these.  In  case  they 
come  to  no  agreement  i;  the  choice  of  members  the  board  of 
mediation  appoints  them.  The  award  of  the  board  must  be 
accepted  by  both  parties,  though  this  provision  is  qualified  so 
as  to  protect  individual  rights  that  might  otherwise  raise  the 
question  of  constitutionally.  The  board  must  confine  itself 
in  its  award  to  questions  that  are  regularly  brought  before  it 
in  the  agreement  and  in  the  hearing. 

As  the  first  permanent  onnmization  of  the  board  of  mediation 
the  President  has  appointed  the  minimun  number,  adding  to 
the  commissioner  and  assistant  commissioner  one  other  member 
(the  law  permits  the  appointment  of  not  more  than  two).  In 
the  first  case  under  the  new  Newlands  law  the  arbitration  board 
consisted  of  si.x  members.  In  one  other  case  since  that  the 
u,,.j--4  I-.';-:  1'..".'*^  mii.H."  !!r\  .'if  thi*  l.'irtTiT  T":'.imber-      In  two  other 

cases,  three  have  ct)nstituted  the  board  of  arbitration. 


I  it 


\  _ 


ARHITRAIION 


231 


First  Applications.  -  Unlike  the  Krdman  Act  thi>  mw  arbi- 
tration i.km  receive<l  a  severe  test  at  the  I.eKmnmK.     It  >eems 
thus  far  to  have  established  its  .uperii.rity.     Its  very  existence 
is  .tronR  witness  of    the  iniporlaiuc  of    |)ublic  opwiion  as  an 
intluencc  afiainsl  railroad  strikes.    Clearly  one  thn,«  the  public 
demands,  and  that  is  that  whatever  the  dilTerenc-  of  oi-uu-.n 
may  be  as  to  what  constitutes  a  fair  working  bargain,  it  nju^t 
be  adjusted  with,)Ut  cessation  of  work.    This  was  cUv.rly  evident 
i„  the  aKrev.nents  to  arbitrate  during  the  last  two  years  of  the 
okl    measure.     Though   neither   party    was   satistu'd    with    the 
fairness  <.f  the  plan  they  agreed  to  submit  to  it.     I  Ik  new  plan 
aims  to  remove  some  of  these  objections  and  probably  does. 
The  t)ul)lic  has  all  the  stronger  reason  for  expectin-  the  adjust- 
ment of  dilTerences  without  tyinR  up  interstate  trathc.     rhouRh 
it   mav  prove  to  be  somewhat  over-sanguine,   there  is   much 
reason  for  aKreement  with  the  optimism  of  one  of  the  chief 
promoters  of   this   new   law,   the   Executive   Secretary   of   the 
National   Civic  Federation,  when  he  says  that  the  new   law 
"may  reasonably  be  taken  to  mean  that  we  are  to  have  r.o  more 
strikes  on  the  railroads  of  this  country." 

The  procedure  in  the  case  of  these  brotherhoods  anc'  their 
demands   upon   the  railroads  reveals  an   interesting  phase  of 
the  development.    The  pressure  of  public  opinion  was  so  strong 
that  not  only  was  each  unwilling  to  accept  the  responsibility 
of  resisting  it,  but  a  law  was  enacted  expressly  for  the  purpose 
of  opening  the  way  for  a  settlement.     A  provision  m  the  law 
requiring  arbitration  would  have  been  in  all  probability  uncon- 
stitutional.   Virtual  compulsory  arbitration  was  secured  through 
the  pressure  of  public  opinion.    It  may  be  that  wc  are  about  N. 
enter  ui3on  a  regime  of  arbitration  made  compulsory  by  the 
force  of  public  opinion,  a  force  that  cannot  be  submitted  t,, 
the   constitutionality   test  and   that   cannot   be   resisted   with 
impunity  by  either  party.    This  w   uld  be  virtually  compulsory 
arbitration  in  all  of  its  beneficial  elements  without  the  objec- 
tions that  are  raised  against  the  legal  compulsion  ot  the  parlas. 
It  is  to  be  hoped  that  this  public  opinion  form  of  compulsion 
will  be  given  a  thorough  trial  before  further  steps  are  taken 
in   the  direction  of  legal  compulsion.  ,,■  u    1 

Possible  Weaknesses.  -  If  it  has  been  clearly  established 
that  the  public  has  a  voice,  it  is  not  so  ceil.tm  tnai  u-il-  uc:.l 


212 


\\   IMROULLTION    lO  SlV\)\    Ol    ()i<(  .ANI/.I  D  l..\l«)k 


plan  lias  hiin  fornu-d  I.y  this  new  law.  It  was  Inirrirrlly  passed, 
morr  to  n\icl  an  tnurKtiuy  than  to  fnrnmlatc  a  satisfai  lory 
l)laii.  It  lia-  iklCcls,  and  snnic  el  ttirsc  arc  already  JH'inK  dis- 
cussed.    .\ni()n^;  lluni  may  be  menlioiied  the  follnwiiiK: 

(i)  'I'lie  problems  with  whiih  a  board  has  to  dial  should  not 
be  refi'irded  as  simple  beiause  they  deal  only  with  wages,  hours 
of  labor  and  eonditioiis  ol  employment.  In  the  eonduetors' 
and  trainnun'siase  se-Nenleen  artit  les  were  submitted,  e.xtremely 
complex  and  lechnieal  in  their  nature.  These  were  olTsel  by 
eight  articles  submitted  as  counter  jiropositions  by  the  managers 
for  the  railroads.  To  these  the  labor  representatives  objected 
most  \igorously  and  they  were  finally  withdrawn  though  not 
without^protest.  I'lie  matter  is  one  on  which  the  railroads 
may  i)e  i  \i)ected  to  insist,  however,  as  from  their  point  of  view 
they  cannot  be  expected  to  alio..'  the  err:p.oyees  to  present  de- 
ma:i<ls,  some  or  all  of  which  may  be  allowed,  without  them- 
.selves  standing  also  to  gain  sometliing  from  ihe  arbitration.  It 
seems  but  reasonable  to  hold  th't  if  adjustments  are  to  be 
made  both  sides  should  have  a  chance  at  the  .same  time  of 
making  ai"  jtroposiions  it  may  choo.se  before  the  arbitrators. 
Otherwise  it  will  be  only  a  (jueslion  oi  how  much  or  how  little 
the  workman  tan  gain,''vhich  restated  may  read  how  little  or 
how  much  the  roads  must  lose. 

(2)  The  N\  wlands  -Act  makes  no  provision  for  unorganized 
laborers  to  appeal  to  it.  This  may  appear  a  serious  matter, 
but  it  loses  its  seriousness  in  the  face  of  the  policy  that  prac- 
tically all  of  the  railway  brotnerhoods  adopt  of  insisting  that 
their'agreements  shall  apply  to  all  employees  whether  members 
of  the  organization  or  not.  S-.  long  as  the  K-.w  applies  only  to 
employees  concerned  in  train  operation  this  objection  has  but 
little  more  than  academic  value. 

(0  It  Is  i)roposed  to  extend  the  provisions  of  the  law  so  as 
to  include  all  classes  of  railroad  men,  instead  of  train  o[)eratives 
only.  This  would  doubtless  raise  legal  objections  that  should 
not  i)e  forced  for  consideration  yet. 

(41  Again  it  is  suggested  that  this  board,  so  iniluentia!  in 
adjusting  wages,  should  be  more  directly  united  by  working 
relations  with  the  Interstate  Commerce  Commission,  the  body 

4l-._;     :_.    _;,_-,,_,..,,.:  1,1..    f,-,r    nflliict  iriL'    t  FiltTlC    rRlCS. 

(5)  Further  extension  of  the  law  is  also  proposed,  making  its 


AKHITKMION 


233 


provisions  applical)U-  t<>  a  f.ir  wi.kT  IkI.I,  those  in.lustruvl  ( or- 
poralion.  that  an-  suhjcx  t  to  Congress.  Thfso  two  later  prop- 
ositions ean  well  he  left  for  a  time  until  the  new  i)!an  has  had 
a  more  thor.)UKh  trial.  To  earry  the  <!e«ree  of  pul.ln  lonlulenee 
necessary  to  guarantee  pea.e  in  the  railroad  world  the  hoards 
must  e>lal)lish  themselves  firmly  by  the  excellence  of  their 
work.  Development  has  proceeded  >lowly  in  the  direction  ot 
settlement  of  railroad  labor  <lisputes.  \v{  it  lu^  been  al<Mii; 
sound  ami  prolitable  lines.  It  >hou!d  not  be  luirned.  By  it 
within  the  past  few  months  troubles  have  !)een  amicably  settled 
that  mi^'ht  in  former  days  have  caused  an  industrial  struggle 
more  (ostlv  than  anv  that  the  past  has  experienced. 

New  Powers  of  Secretary  of  Labor.  While  progress  of  a 
very  positive  kind  has  been  made  in  gove-nment  mediation 
and'  arbitration  in  railroad  disputes,  /  '.s  is  not  the  only  develop- 
ment. With  the  creation  of  the  separate  department  of  labor 
another  step  was  taken  that  opens  large  possibilities,  .-\mong 
the  powers  conferrecl  upon  the  Secretary  of  Labor  was  one  that 
authorizes  him  "to  act  as  mediate:  and  to  appoint  commis- 
sioners of  conciliation  (mediation)  in  labor  disputes  whenever 
in  his  judgment  the  interests  of  industrial  peace  may  require 
it  to  be  done."  This  is  clearly  a  recognition  of  the  value  of  the 
work  of  the  Anthracite  Coal  Strike  Commission  appointed 
e.xtra-legally  by  President  Roosevelt.  It  gives  the  Secretary 
of  Labor  large  discretionary  power  which  may  be  used  as  an 
etTenive  agency  through  which  public  opinion  may  work. 

W  hat  use  the  Secretary  of  Labor  would  make  of  this  power 
thus  conferred  upon  him  by  the  law  was  the  subject  of  much 
discussion  at  the  beginning.  His  f-rst  statement  was  only  in 
the  most  general  terms.  "The  policy  to  which  I  shall  adhere, 
he  ii:  reported  to  have  said  in  a  public  address,  "during  my 
administration  will  be  to  do  all  I  can  to  bring  labor  and  capital 
together  in  mutual  conferences,  so  that  they  may  settle  their 
ovvn  differences. '•  The  developments  since  the  organization 
of  ihe  department  do  not  indicate  that  the  first  secretary  in- 
tends to  allow  the  opportunity  to  pass  unnoticed.  "Cornmis- 
sioners  of  conciliation"  (mediation)  have  been  appointed  and 
the  work  of  mediation  has  been  carried  on  in  a  variety  of  cases. 
During  the  year  ending  June  30,  igi5,  the  g-od  offices  of  the 
department  had  been  extended  in  ihiriy-iwo  ui-i-uics  u.voiving, 


234    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

directly  and  indirectly,  94.289  men.  Of  these  disputes  twenty- 
four  were  amicably  settled  and  five  were  reported  as  still  pend- 
ing at  the  close  of  the  year.  Since  that  date  the  work  has  been 
carried  on  in  the  same  manner  and  during  the  first  four  months 
of  the  next  year  about  thirty-five  cases  were  mediated,  twelve 
of  which  were  brought  to  a  successful  termination  and  eighteen 
were  still  pending.  These  records  show  that  it  is  the  intention 
of  the  department  to  develop  this  line  of  mediation  as  lully  as 
the  conditions  will  permit.  Though  the  actual  number  of  cases 
for  the  entire  period  is  not  great,  the  large  proportion  of  suc- 
cesses is  a  favorable  indication  of  further  possibilities. 

In  railroad  disputes  the  first  year  of  activity  of  the  board  of 
mediation  and  "conciliation"  shows  results  that  are  worth 
while.  Twenty-eight  cases  of  difTerences  were  taken  up  by  the 
board,  involving  a  total  of  125,000  employees.  In  most  of  these 
cases,  —  all  except  two,  in  fact,  —  strike  votes  had  been  passed 
before  the  services  of  the  board  were  requested.  Of  the  twenty- 
eight  cases  dealt  with,  twenty-one  were  adjusted  through  media- 
tion alone.  The  others  were  settled  in  part  by  mediation  a 
in  part  by  arbitratior 

Influence  of  Pubbc  Opinion.  —  The  foregoing  descriptions 
make  it  evident  that  whenever  danger  arises  public  opinion 
is  keenly  alive  to  the  necessity  for  securing  some  means  by 
which  costly  strikes  may  be  averted.     The  serious  lessons  ot 
the  past  serve  as  warning  not  to  rely  solely  on  individual  effort 
by  way  cf  conciliation.     Personal  interests,  ambition  for  con- 
trol, recklessness  of  community  interests  have  often  been  power- 
ful enough  to  sweep  asi  ie  all  efforts  at  conciliation.    Yet  the 
principle  of  conciliation  is  still  dear  to  the  popular  mind.    It 
means  no  interference  from  outside.     Cases  of  serious  strikes 
have  each  time  led  to  a  popular  demand  foi  settlement  and 
cessation  of  hostihties.     Then  mediation  or  arbitration  seems 
more  reasonable.     State  boards  have  been  created  and  have 
in  many  cases  justified  their  existence.    When  the  public  hears 
the  reply  "nothing  to  arbitrate,"  it  loses  its  respect  for  those 
personal  rights  upon  which  such  a  reply  is  based  and  a  clear 
cry  is  heard  for  government  interference.     Just  how  this  is  to 
be'  brought  about  does  not  readily  appear.     Individual  rights 
and  government   interference  in  industry  do  not  mix  well  in 
making  up  a  policy.    Sl  .t  is  that  generally  speaking  Lue  public. 


ARBITRATION 


235 


is  hesitating  between  the  remnants  of  laisscz  [aire  on  the  one 
hand  with  its  application  in  conciliation,  and  compulsory  arbi- 
tration with  compulsory  award  on  the  other.  Each  serious 
outbreak  forces  it  further  along  toward  the  latter,  while  in 
times  of  peace  it  is  dithcull  to  get  a  serious  hearing  in  its  favor. 
The  practical  middle  ground  is  occupied  by  a  variety  of  state 
boards  that  are  intended  to  deal  with  all  cases.  These  boards 
are  vested  with  a  variety  of  powers  extending  to  a  point  just 
short  of  compulsion  on  one  hand  and  on  the  other  tied  down  so 
closely  to  laissez  jaire  as  to  be  of  no  service  at  all. 

Where  the  industry  partakes  of  the  character  of  a  public 
utility,  there  is  ground  for  more  positive  interference  and  the 
government  agencies  are  armed  with  more  authority.  The 
climax  of  government  activity  has  been  reached  in  case  of  the 
federal  government  and  train  operation  on  interstate  railroads. 
Here  there  exists  practically  compulsory  arbitration  as  a  last 
resort  so  long  as  the  boards  constituted  under  the  law  continue 
to  inspire  public  onfidence.  This  they  have  at  present  in 
sufficient  degree  to  make  the  plan  etTective.  The  nearest  open 
door  to  an  enlarged  field  of  federal  government  operation  is 
the  authority  now  given  by  law  to  the  Secretary  of  Labor. 
It  would  seem  that  there  is  sufficient  legislation,  or,  at  least, 
there  is  as  much  as  can  at  present  be  based  on  a  favorable 
public  opinion.  The  problem  of  the  present  is  to  adjust  means 
under  these  laws  whereby  no  hardship  may  be  imposed  upon 
either  workmen  or  employers,  and  the  public  may  rest  in  the 
confidence  that  a  fair  deal  is  assured  and  traffic  uninterrupted. 


'M 


PRIVATE   AGENCIES 


While  these  elaborate  methods  ha\t-  been  developed  as  a 
means  of  government  activity  in  arbitration  private  agencies 
have  also  be^-  ^t  work.  It  is  not  possible  to  enter  upon  a  de- 
tailed descrii.  'of  all  of  them  in  this  place.  They  are  far  too 
numerous.  Y  many  of  them  are  worthy  of  careful  attention. 
Notable  among  them  is  the  National  Civic  League,  an  organi- 
ization  composed  of  representatives  of  employers,  of  employees, 
and  of  "publicists"  as  representing  the  ^' third  party."  This 
organization  divides  its  work  into  numerous  branches  one  of 

....  ...  .  ^     •■  ■•      „  "^         »    ■  1        *l-        M 4.1,- 

wiiicii   IS   uicuialiuii   aiiu   aruiiraliOn.      worKiiig    Uvjii:   uiicuLiy 


236    AX  INTKODUC  riON  TO  STUDY  01'  ORGAMZEU  LABOR 

and  indirectly  this  League  has  been  a  potent  factor  for  industrial 

peace. 

The  New  York  Clothing  Industry.  —  Among  numerous  more 
or  less  permanent  associations  of  this  general  character  one  other 
stands  out  perhaps  most  prominently  of  all  and  cannot  be  passed 
without  notice.     It  is  the  outgrowth  of  the  series  of  strikes  in 
the  clothing  industry,  particularly  in  New  York  City.     In  the 
summer  of  igio  the  unions  joined  in  a  strike  that  was  bitterly 
fought  on  bolli  sides,  lasting  for  two  months  and  involving  about 
60,000  men  and  women  workers.     The  events  of  the  struggle 
attracted  wide  attention  and  the  strikers  were  subjects  of  much 
popular  sympathy  because  of  the  prevailing  ideas  as  to  sweat 
shop  work  and  the  varied  nationalities  represented  among  the 
strikers.    Propositions  and  counter-jiropositions  were  made  in  an 
endeavor    to    reestablish    working    relations.      "Disinterested 
agencies"  were  instrumental  in  bringing  about  conferences,  but 
these  were  of  no  avail.    The  issues  were  finally  narrowed  dowTi 
to  the  question  of  the  "open  shop"  or  the  "closed  shop"  and  on 
this  issue  there  appeared  to  be  no  compromise.    At  the  end  of 
the  two  months  of  bitter  struggle  the  noted  Protocol  was  signed 
and  peace  was  restored.    This  "treaty  of  peace"  was  an  agree- 
ment made  between  the  two  contending  organizations,  the  Cloak, 
Suit  and  Skirt  Manufacturers'  Protective  Assori;    ion  of  New 
York   City   with   a   membership  of    123   manufacturing   firms 
(since  increased  in  number)  and  q  locals  of  the  International 
Ladies'  Garment  Workers  Union.     It  included  all  rnatters  in 
controversy,  minimum  wage  scale,  a  fifty-hour  working  week, 
and  three  other  features  that  hav.  made  the  Protocol  so  justly 
noted.     These  are  (i)  the  joint  board  of  sanitary  control;  (2) 
the  preferential  union  shop:  and  (3)  the  plan  for  adjusting  dis- 
I)utes  in  the  future.     The  first  and  second  of  these  are  dealt 
with  in  some  detail  elsewhere  on  these  pages.    It  is  the  plan  for 
settling  differences  that  is  of  special  importance  here.     It  com- 
prehended a  Board  of  Grievances  and  a  Board  of  Arbitration 
with  eciual  representation  in  each  case  for  both  manufacturers 
and  employees.     Both  sides  bound  themselves  to  accept  the 
awards  of  these  boards. 

The  Board  of  (}rie\ances  was  composed  at  first  of  four  mem- 
bers, later  increased  to  ten,  an  equal  number  from  each  party. 
In  cases  of  deadlock  the  dispute  was  to  be  referred  to  a  Board  of 


ARBITRATION 


237 


Arbitration,  consisting  of  three  members,  one  representing  each 
party  and  one  the  public,  the  latter  chosen  by  the  other  two 
and  in  case  of  their  failure  to  agree,  by  the  governor  of  the 

state. 

The  way  of  these  boards  has  been  difficult  indeed.  Employers 
of  varj'ing  ability  and  experience  pushed  by  the  keenest  kmd 
of  competition  could  not  always  agree  upon  what  many  of  them 
would  doubtless  have  liked  to  do.  Employees,  representing  a 
variety  of  nationalities,  difficult  to  organize  and  to  tram  to 
stand  together  and  new  to  American  life,  were  not  easily  amen- 
able to  the  hardshiiis  that  their  new  life  involved.  A  group 
of  determined  and  able  leaders  was  bound  to  maintain  organiza- 
tion at  all  hazards  seeking  to  amalgamate  the  10,000  more  or  less 
of  immigrants  that  annually  come  into  the  industry.  A  consum- 
ing public  anxious  for  cheap  prices  eagerly  sought  bargains  to 
offset  a  steadily  rising  cost  of  living. 

The  board  faced  these  trying  conditions  and  at  the  same  time 
found  it  necessa-,'  to  work  out  a  plan  of  procedure  and  a  set  oj 
rules  that  would  be  suitable  to  the  situation.    This  was  finally 
done  after  some  further  conferences.     The  procedure  was  es- 
tablished as  follows.  Any  individual  having  cause  for  dissatis- 
faction might  appeal  to  the  Board  of  Grievances.    A  Clerk  of 
this  Board  first  took  up  the  matter,  and  adjusted  it,  if  possible, 
in  accordance  with  established  procedure.     If  this  failed  the 
matter  was  considered  by  the  Board  of  Grievances.     In  case 
there  was  a  tie  vote  or  no  decision  reached,  the  matter  went  to 
the  Board  of  Arbitration  and  its  decision  was  final  as  both  par- 
ties to  the  Protocol  were  bound  by  it.    The  success  of  this  plan 
can  best  be  indicated  by  the  figures  brought  to  light  in  a  recent 
investigation  of  its  working.     From  April  15.  1911,  to  Oct.  31, 
1Q13,  a  total  of  7,656  complaints  were  filled.    Of  these  7,477 
(97-7%)  were  adjusted  by  the  clerks.    The  179  that  were  passed 
on  were  considered  by  the  Board  of  Grievances.    Of  this  number 
I5Q  were  settled,  leaving  20  cases  to  go  to  the  Board  of  Arbi- 
tration.   These  20  cases  did  not  involve  that  many  separate 
issues.    There  were  but  q  different  cases  or  issues  passed  on  to 
the  Board  of  Arbitration  in  the  two  and  one-half  years. 

The  abandonment  of  the  Protocol  by  the  parties  concerned  in 
the  summer  of  loi^  brought  an  et.d  to  this  particular  method 
of  settling  their  differences.     In  August  a  new  agreement  was 


238    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZZD  LABOR 

signed  in  the  industry  and  peace  again  restored.  This  new  plan 
provided  a  somewhat  different  form  of  organization  for  con- 
ciliation and  mediation  as  well  as  for  arbitration.  A  more  de- 
tailed description  of  this  new  contract  appears  in  the  chapter  on 
The  Closed  Shop. 


CHAPTER  XIV 
THE  BOYCOTT 

The  practice  of  refusing  relations  with  those  whose  policies 
are  not  agreoai)le  is  certainly  no  new  thing  under  the  sun.  Ap- 
plied to  business  there  evolves  nothing  essentially  new.  Busi- 
ness relations,  buying  and  selling,  are  voluntary  acts.  When  one 
decides  not  to  buy  of  another,  it  is  not  usual  to  demand  a  reason. 
As  the  relations  of  employer  and  employee  become  strained, 
human  nature  does  not  change  any.  The  employer  wishes  both 
to  secure  the  services  of  employees  and  to  sell  them  his  products. 
The  employee,  on  the  other  hand,  wishes  an  opportunity  to 
work  and  to  buy  products  of  labor.  Exchange  markets  have 
developed,  both  of  labor  and  of  products,  but  they  are  [)re- 
sumably  voluntary,  and  so  are  subject  to  choices,  whatever  may 
prompt  them. 

The  idea  expressing  all  the  variety  of  practices  under  these 
circumstances  existed  before  it  had  a  name.  When  Captain 
Boycott  was  sent  by  the  irate  Lord  Erne  into  Connemara  to 
take  charge  of  the  tenants  who  were  demanding  concessions 
that  Lord  Erne  refused  to  make,  he  was  met  with  such  opposi- 
tion that  finally  the  Captain  and  his  family  were  completely 
cut  off  from  all  association  with  the  peopl*  of  the  district.  For 
want  of  a  word  to  use  as  a  name  for  such  a  situation,  "Boycott" 
came  into  use.  This  was  in  1880.  Few  words  in  our  language 
have  had  such  a  remarkable  growth  as  this  one.  In  a  quarter 
century  it  has  spread  wherever  labor  troubles  arise  and  its 
meaning  is  familiar  to  all  English-speaking  people. 

For  Americans  the  invention  of  the  term  was  timely.  The 
period  immediately  following  its  first  use  was  that  in  which 
union  leiders  were  making  frequent  use  of  this  method  of 
coercion.  Not  at  all  unlikely  the  suggestion  of  the  new  name 
had  some  effect  on  popularizing  the  boycotting  metlious  that  had 
.such  a  Erencral  use  during  that  same  oeriod.     While  orieinaline 


\1 

n 


tM 


239 


240    AN  IN  TkUUUCllUN    lO  Sllin"  OV  ORGANIZED  LABOR 

from  a  struRRle  between  tenant  and  overseer  on  an  estate  in 
Ireland,  it  novv  stan<ls  for  a  much  wider  variety  of  contest. 

Definition  and  Classification.  -  In  spite  of  its  wide  popular- 
ity and  general  use  as  a  term,  it  is  not  an  easy  term  to  define  ac- 
curately. The  standard  English  dictionaries  give  the  usual 
general  definition.  In  one  of  these  it  is  defined  as  fol  ows: 
''To  combine  (a)  in  refusing  to  work  for  buy  from,  sell  to 
give  assistance  to,  or  have  any  kind  of  dealings  with,  and  (b) 
in  preventing  others  from  working  for,  buying  from,  selling  to, 
assisting,  or  having  any  kind  of  dealings  with  (a  person  or 
company),  on  account  of  political  or  other  differences  o  of 
disagreements  in  business  matters,  as  a  means  of  mflicting 
punishment,  or  of  coercing  or  intimidating." 

When  a  reader  turns  aside  from  the  general  consideration  to 
a  discussion  of  the  particular  field  of  labor  activity   the  efforts 
to  define  become  more  elabora;e.      In  Adams  and  Sumner  s 
Labor  Problems  is  found  a  somewhat  more  specific  definition. 
"The  boycott,  as  used  in  modern  labor  disputes,  may  be  de- 
fined as  a  combination  to  suspend  dealings  with  another  party, 
and  to  persuade  or  coerce  others  to  suspend  dealings,  in  order 
to  force  this  party  to  comply  with  some  demand,  or  to  punish 
him  for  non-compliance  in  the  past."    On  the  basis  of  the  va- 
rious methods  adopted  a  classification  of  boycotts  is  then  made. 
There  is  the  primary  boycott,  in  which  there  is  no  attempt  to 
coerce  third  persons  to  suspend   business  relations;  the  com- 
pound boycott,  where  efforts  are  made  to  coerce  third  parties. 
The  latter  is  what  the  work  referred  to  calls  the  "ordinary 
form"  of  boycott.    Then  there  is  the  fair  list  or  union  label 

and  the  unfair  list.  x    -ji    ,   tj     ^^^fo 

For  another  classification  one  may  turn  to  Laidler  s  Boycotts 
Here  the  definition  is  introduced  in  the  following  words:  _  A 
bovcott  in  labor  disputes  may  be  dctmed  as  a  combination 
of 'workmen  to  cease  all  dealings  with  another,  an  employer, 
or  at  times,  a  fellow  worker,  and  usually  also  to  induce  or 
coerce  third  parties  to  cease  such  dealings,  the  purpose  being 
to  persuade  or  force  such  others  to  comply  with  some  demand 
or  to  punish  him  for  non-compliance  in  the  past.  Then  follows 
the  classification  that  this  authority  adopts.     First  there  is 

,     „       ..      I .*  ^^A  ♦v.o  oocJtivp  hnvrott.    To  the  tormer 

belong  the  union  label  and  the  fair  list.    To  the  latter,  the  un- 


It 


THE  BOVCOri" 


241 


fair  or  we-don't-patronize  list  and  the  boycott  proper.  Then 
the  boycott  proper,  itself  a  subdivision  of  the  boycott,  is  sub- 
divided into  four  kinds.  First,  the  primary  boycott;  "a  simple 
combination  of  persons  to  suspend  dealings  ...  involving  no 
attempt  to  persuade  or  coerce  third  parties."  Second,  the 
secondary  boycott;  "a  combination  of  workmen  to  induce  or 
persuade  third  parties  to  cease  business  relations  with  those 
against  whom  there  is  a  grievance."  Third,  thr  compound 
boycott;  this  "appears  when  workme.i  u>e  coercive  and  nitimi- 
daling  measures  as  dislingushed  from  mere  persuasive  measures 
in  preventing  third  parties  from  dealing  with  the  boycotted 
firm."  This  compound  boycott  is  of  two  varieties,  (i)  involving 
threats  of  pecuniary  injury  and  (2)  involving  threats  of  actual 
physical  force  and  violence.  Fourth,  the  tertiary  boycott; 
"  frequently  applied  to  the  most  indirect  forms."  To  emphasize 
the  distinction  between  the  secondary  and  the  compound  forms 
it  is  said  "persuasion  only  is  used  in  the  secondary  boycotts, 
while  the  compound  boycott  is  accompanied  by  threats  or 
coercion,  the  threats,  at  times,  however,  being  mere  threats 

to  boycott." 

In  a  pamphlet  of  the  Wisconsin  Free  Library,  prepared  by 
G.  G.  Huebner,  the  boycott  is  again  classified.  There  is  the 
compound  boycott,  involving  third  parties;  the  primary  boy- 
cott, involving  only  the  persons  directly  interested  in  the  dispute; 
the  unfair  list,  not  always  regarded  as  a  boycott:  he  fair  list, 
the  opposite  of  the  unfair  list,  and  legally  not  in  aded  under 
boycotting;  and  the  union  label,  legally  not  included  in  the 
boycott  and  nowhere  in  the  United  States  illegal. 

Legal  Definition.  —  Though  several  definitions  have  been 
offered,  they  do  not  seem  to  be  sufficient.  When  one  enters 
the  legal  realm,  one  might  expect  to  find  the  matter  cleared  up. 
But  not  so.  "The  most  casual  observation,"  wrote  Judge 
Halloway  of  Montana  in  1908,  "will  disclose  that  scarcely  any 
two  courts  treating  of  the  subject  formulate  the  same  definition." 
"The  word  is  not  easilv  defined,"  said  Judge  Carpenter  of 
Connecticut.  Chief  Justice  Grant  of  Michigan  declared  on 
the  other  hand  that  he  did  not  believe  that  the  word  had  not 
an  authoritative  meaning.     The   term   has  been   defined,   he 

-.11       '. 1 .,«,1    ,-.^^%fio         '\^■^Acrt^    Mritlnvvav 

insists,    by    DOm    iCXROgi^plic:-    .-.::■;    •.•_■•.!•••        j--;,-^    -  -  • .■  r 

after  stating  three  definitions,  in  an  opinion  adds:  "  vVe  prcler 


242    AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

,1  l)r()adcr  definition,  and  one  we  deem  more  consonant  with 
present-day  conditions."  This  one  he  states  in  the  following 
words:  "I'think  that  the  verb  'to  boycott'  does  not  necessarily 
signify  that  the  doers  employ  violence,  intimidation,  or  other  un- 
lawful coercive  means;  but  that  it  may  be  correctly  used  in  the 
•^ense  of  the  act  of  a  combination,  in  refusing  to  have  business 
dealings  with  another  until  he  removes  or  ameliorates  conditions 
which  are  deemed  inimical  to  the  welfare  of  the  members  of  the 
combination,  or  some  of  them,  or  grants  concessions  which  are 
deemed  to  make  for  that  purpose." 

The  law  dictionaries  give  different  definitions,  taken  from 
various  court  opinions.  Black's  Law  Dictionary  and  The  Amer- 
ican and  Engli;;h  Encyclopedia  of  Law  characterize  the  boycott 
as  a  "conspiracy  formed  and  intended  directly  or  indirectly 
to  prevent  the  carrying  on  of  any  lawful  business,  or  to  injure 
the  business  of  any  one  by  wrongfully  preventing  those  who 
would  be  customers  from  buying  any  thing  from  or  employing 
the  representatives  of  said  business,  by  threats,  intimidation, 
or  other  forcible  means."  In  the  words  used  in  Anderson's 
Law  Dictionary,  "The  purpose  is  to  constrain  acquiescence 
or  to  force  submission  on  the  part  of  the  individual  who,  by 
non-compliance  with  the  demand,  has  rendered  himself  obnox- 
ious to  the  immediate  parties,  and  perhaps  to  their  personal 
and  fraternal  associates." 

The  statement  thai  seems  to  carry  the  greatest  weight  of 
authority  in  law  is  that  made  by  Judge  Taft  from  the  Bench 
of  the  United  States  Circuit  Court  in  connection  with  the  efforts 
of  railway  emphyees  to  boycott  other  railroads.  "As  usually 
understood,"  says  Judge  Taft,  "a  boycott  is  a  combination 
of  manv  to  cause  a  loss  to  one  person  by  coercing  others,  against 
their  will,  to  withdraw  from  him  their  beneficial  business  in- 
»,;  course,  through  threats  that,  unless  those  others  do  so,  the 
many  will  cause  similar  loss  to  them.  Ordinarily,  when  such  a 
combination  of  persons  does  not  use  violence,  actual  or  threat- 
ened, to  accomplish  their  purpose,  it  is  difficult  to  point  out  with 
clearness  the  illegal  means  or  end  which  makes  the  combination 
an  unlawful  conspiracy;  for  it  is  generally  lawful  for  the  com- 
biners to  withdraw  their  intercourse  and  's  benefits  froin  any 
person,  and  to  announce  their  intention  ui  doing  so,  and  it  is 
equally  lawful  for  the  others,  of  their  own  motion,  to  do  that 


THK  BOYCOTT 


243 


which  the  combiners  seek  to  compel  them  to  do.  Such  comhiiia- 
tioiis  are  said  to  be  unlawful  conspiracies,  though  the  acts  in 
themselves  and  considered  singly  arc  innocent,  when  the  acts 
are  done  with  malice,  i.  e.,  with  the  intention  to  injure  another 
without  lawful  excuse."  (Toledo  &c.  Ry.  Co.  is.  Penn.  Co.,  54 
Fed.  730.) 

This  definition  forms  the  basis  for  the  distinction  so  generally 
htlil  in  legal  circles  between  the  lawful  purpose  of  self-help  and 
the  unlawful  purpose  of  willful  injury  or  malice.  The  essential 
legal  element  of  the  boycott  is  that  it  is  malicious.  This  view  is 
summed  up  by  Stimson  who  concludes  in  his  Handbook  that  the 
boycott  belongs  to  the  class  of  unlawful  conspiracies  "wherein 
the  intent  becomes  of  importance.  .  .  .  The  prime  question 
in  the  law  of  boycott  is  that  of  intent,"  and  boycott  means 
"exclusively   an    unlawful    conspiracy." 

An  analysis  of  these  definitions  indicates  that  the  word  should 
have  a  more  definite  meaning.  Even  this  will  not  solve  all  the 
difficulties  connected  with  it  but  it  will  assist  in  no  small  degree. 
Boycott  and  Strike.  —  The  two  terms  boycott  and  strike 
should  be  more  clearly  separated.  The  need  for  this  appears  in 
the  necessity  for  some  degree  of  scientific  accuracy,  and  further 
in  the  fact  that  in  law  strikes  are  generally  lawful  and  boycotts 
are  unlawful.  To  call  an  act  a  strike  or  to  call  it  a  boycott 
creates  in  the  very  term  a  presumption  as  to  its  lawfulness. 

Strikes  deal  with  labor  relations,  the  withholding  of  labor 
and  the  inducement  of  others  to  withhold  their  labor.  The 
latter  is  called  the  sympathetic  strike.  There  is  no  good  reason 
for  calling  it  a  boycott.  Boycotts  deal  primarily  with  that 
other  relation  of  business,  the  buying  and  selling  of  goods. 
Yet  all  efforts  to  influence  such  relations  should  not  come  within 
the  meaning  of  the  term.  A  "negative  boycott"  seems  an  un- 
necessary refinement.  The  "union  label,"  the  "fair  list"  are 
in  the  class  with  trade-marks  and  brands,  with  advertising 
and  the  guarantee  of  advertised  goods,  with  the  arts  of  salesman- 
ship in  their  numerous  refinements.  They  are  intended  to 
promote  the  sales  of  goods,  not  to  prevent  them.  It  would  be 
considered  highly  unsatisfactory  to  say  that  a  traveling  salesman 
who  was  urging  the  reliability  of  the  trade-mark  of  his  house 

,„nr.     Uc'^r^^ttiryrr     tV>o     lino     nf     fTr>r>f)c     ClS     3      nval.  To     cIrSS     UndCr 

rra.::    ii*-rj-*w*-**-*..ii;3     .....    ......    ...     — —     —    .-- 

"positive  boycott"  the  "unfair  list,"  the  "we-don't-patronize 


244 


AN  INTRODrtTION  TO  Sll'DY  OK  Okl.ANIZF.I)  LAFJOR 


list"  and   ihv  "Ixnxott   prnptr"  is  not   a  logical  subdivision, 
for  the  first  and  second  arc  but  mtlliods  used  in  connection 
Willi  the  boycott  proper.    This  separates  Ironi  the  term  some 
of  the  cxtranet)us  material.     The  "boycott  proper"  is  the  boy- 
cott.    Its  further  subdivision  into  primary,  secondary,  com- 
pound and  tertiary  boycotts  is  carrying'  it  too  far  to  serve  practi- 
cal i)uri)ose.      It   may  profitably   be  divided   into   two   kinds. 
Beyond  tlii>  the  line^  of  division  are  too  much  a  matter  el  opin- 
ion to  be  of  real  value.     'Ihese  two  kinds  may  be  calkr  the 
simi)Ie  boycott  and  the  compound  boycott.     The  latter  might 
be  called   the  sympathetic   boycott,   making   the   terminology 
consistent  with  that  used  in  case  of  the  strike,  where  these  are 
spoken  of  as  a  simple  strike  and  a  sympathetic  strike.-    The 
term  simple  boycott  applies  to  efforts  to  prevent  sales  of  goods 
to  laborers   and   their   inuiiediate  sympathizers.     The   latter, 
the  compound  boycott,  should  be  used  only  in  connect"  m  with 
the  more  widely  organized  efforts,  such  as  to  prevent  sellers  of  r  \w 
materials  from'  selling  to,  and  jobbers  and  traders  from  buy.ng 
from,  the  boycotted.    The  line  of  division  here  is  made  between 
the  i      ' '  and  the  indirect,  between  such  influence  as  the  boy- 
cotters  can  exert  directly,  and  such  as  they  can  bring  to  bear 
indirectlv  through  others  not  of  their  own  class.    This  distinc- 
tion offers  objections  that  are  real.    The  line  of  division  is  not 
so  clear  as  scientific  accuracy  would  demand.     It  is  practical, 
however.     It   follows  the  distinction  between  the  strike  and 
the  symi)athetic  strike.     This  differentiation  is  sufficient  for 
practical  purposes.     There  appears  no  need  for  primary,  sec- 
ondarv,  compound  and  tertiary  strikes,  though  there  is  a  variety 
both  of  kinds  and  of  reasons  that  would  make  such  distinctions 
possible.    To  make  a  distinction  of  definition  that  hinges  upon 
the  ditTerence  between  "induce  or  persuade"  and  "coerce  or 
intimidate"  is  to  use  as  a  basis  of  distinction  a  ditTerence  that 
is  constantly  shifting  and  always  vague. 

In  the  legal  form  of  definition  a  serious  objection  is  found 
in  framing  the  statement  so  as  to  imply  unlawfulness  in  the 
word.  To  do  this  is  very  unfortunate.  "To  refuse  to  have 
business  relations  with  another  until  he  removes  or  ameliorates 
conditions  which  are  deemed  inimical"  seems  a  very  innocent 
act.  If  it  is  to  be  called  a  boycull.  as  some  juagcs  wuuiu  aiiOw, 
in  an  indictment,  then  it  begs  the  question,  for  as  has  been 


THE  UOVLU'IT 


245 


seen  in  the  fiefmitions  tliat  luivi  hetn  (luoud,  tlii.'  word  (onspir- 
aty  is  U'-fd  in  dclininK  the  U-rni,  a^  in  llif  txprchsion,  "uxclu- 
sivfly  an  unlawful  conspiraiy." 

As  in  llif  slrikf  a  distintlion  is  adniilti'd  l)otvvtrn  \hv  art 
of  >irikin>,'  and  other  ads  that  may  or  may  not  \k-  done  in  con- 
lu .  tion    with    'In-  strike,  so  the   boycott   should   be  xparated 
from  some  of  thf  acts  that  are  done  in  connection  with  it.     In 
its  essence  an  industrial  lal)oi   boycott  is  a  form  of  collective 
barj-'aininfi  that  idms  to  impros  >'  the  conditions  i)f  labor  by  secur- 
ing V  oncer-sions  from  employers  through  the  means  of  stoj)ping 
lie  Sides  of  their  products.     In   its  simplest   form  it  consists 
in  the  laborers  thimselves  refusing  to  purchase  and  in  inducing 
those  who  are  actively  in  sympathy  with  them  to  do  the  same. 
In  its  nion   complex  form  it  t.ikes  on  a  specitic  organization  to 
accomplish  the  resi  It  by  bringing  pressure  to  bear  upon  other 
employers  to  induce  them  to  withhold  business  relations  until 
the  issues  in  doputc  are  settled.     A  great  variety  of  methods 
has  been  adopted    to   make   the  boycott   etlective.     St)me  of 
these  are   unquesli  naljly   la  vless.      Force   and    violence   thai 
are  unlawful  in  themselves  are  necessarily  so  when  used  in  (on- 
nection   with   boycotting.      In   connection   with   many   of   the 
methods  used  there  is  \\    ie  ditlerenc-  of  opinion  as  to  their 
lawfulness.     Courts  have  generally  regarded  these  methods  as 
inseparably  a  part  (-•'  the  boscott  itself  and  accordingly  held 
the  opinion  that    .oy     tts  are  in  and  of  themselves  unlawful. 

Labor  Boycotts  and  O'her  Boycotts.  —  It  is  dilTicult  to  see 
clearly  the  diflerence  bel.een  boycotts  that  are  organized  by 
labor  unions  and  those  that  are  carried  on  t)y  other  groups  for 
essentially  the  same  purpose.    A  widespread  movement  was  c  rgan- 
ized  against  the  high  price  of  meat  by  wli  oh  through  open  agita- 
tion consumers  \\ere  e.xhorted  to  cease  buying  meat  from  those 
whc  chargedaprice  that  the  leaders  thought  was  too  high.    Either 
the  dealer  must  reduce  the  retail  price  regardless  of  what   he 
paid  for  it  or  see  his  business  ruined.     What  was  the  motive? 
In  a  city  campaign  in  the  interest  of  wholesome  conditions  in 
bakeries,  the  >:iops  were  inspected  by  a  grou[>  of  women.     If 
the  conditions  we-  ■  found  satisfactory,  the  name  was  printed 
on  a  list.     If  unsatisfactory,  the  name  was  n-.t  printed.     Con- 
•viimer'^.   were   then    ursed  to  natroni/.e  only  the   listed   places. 
This  committee  of  inspection  was  a  voluntary  association.    It 


J 


24''     AN    IMkODK   ilON    lO  SllDV  Ol    ("<(i\M/i.l)   I.AI.Dk 

forced  tlif  haktTs  to  do  ;l•^  tlioy  wi^lud    hdu     ),  or  miITit  luavy 
losses  in  lluir  liusiiK.^.     Ihe  method  '  '.itrary.    \V  liat  was 

the  motive? 

A  Kroup  of  una  may  strike  to  secure  better  conditions  of 
lai-or.  Their  motive  i->  laudatory.  If  for  the  same  i)uri)ose 
they  withhold  their  trade  thri^u^h  the  same  organization  that 
mi«ht  have  called  a  strike,  the  motive  is  malice.  It  is  not  alone 
the  acts  that  they  do  in  seeking  to  make  the  boycott  successful 
that  are  unlawful.  It  is  the  act  of  ceasing  to  trade  through 
agreement  or  in  response  to  an  order  of  an  olEcer  who  is  vested 
with  the  authority  to  i-sue  it. 

Condemnation  of  Boycotts.  —  That  much  general  di;-cussion 
is  yet  necessary  before  there  can  lie  formulated  anything  ap- 
proaching a   '■[)ublic"   oi)inion  on   this  subject   is  obvious  to 
anyone  who  attempts  to  follow  both  sides  of  the  controversy. 
Those  who  condemn  the  b<jycott  do  so  in  no  uncertain  terms. 
A  literature  of  considerable  si/e  and  characterized  by  much 
extravagance  of  expression  has  already  appeared,  for  the  most 
part  in  pamphlet  form.    The  vigorous  etTorts  of  the  American 
.\nti-Boycott  Association    represent   this  style  of   discussion. 
This  is  an  organization  the  membership  of  which  at  the  start 
was  secri't   and   whose  pamjihlets  first  appeared   without   the 
imprint  of  the  publishers.    Later  the  secrecy  has  been  dropped. 
In  the  lirst  part  of  March,  IQ15,  an  annual  meeting  of  the  as- 
sociation was  held  in  New  York  City  with  a  banquet  at  the 
Waldorf-Astoria.     An  elaborate  gift  was  presented  to  the  lead- 
ing attorney  with  much  speech-making.    There  were  also  mutual 
congratulations  on   the    Association's   having   attained    to  its 
thirteenth  year  of  life  and  having  expanded  from  an  initial 
memlK'rship  of  one  hundred  to  a  present  roll  of  nearly  one 
thousand  members.     It  is  in  the  literature  of  this  organization 
that  we  read  that  the  boycott  is  "a  gigantic  engine  of  tyranny," 
by  the  use  of  which  is  established  "literally  a  reign  of  terror;" 
"the  result  of  an  elaborate  and  premeditated  scheme  to  bring 
to  disaster  and  ruin  all  non-union  manufc'.cturcrs  and  employees 
and  to  deprive  them  of  their  inalienable  right  to  the  unimpeded 
pursuit  of  a  livelihood."    The  direct  moave  of  boycotters  is  "  the 
iniurv  and  the  ruin  of  the  manufacturer.     To  be  sure  their  ulti- 
mate  oijjeci  is  ihe  ameiioralion  oi  liieii  oWii  cOnGiiion,  dul  mat 
is  ttK>  remote  to  peimit  the  boycott  to  be  termed  by  any  such 


Tin:  noYcoTT 


247 


\. 


ruphcmistic  name  as  competition."  It  is  a  '•monstrous  con- 
spiracy to  put  up  prices,  to  stem  all  the  forces  of  economic  laws, 
and  rise  upon  the  ruins  of  their  victims;"  an  "a|)|)alliiiK  tyranny 
nd  outniRe  practiced  on  free  and  independent  citizens;"  a 
■glaringly  unjust  conspiracy  hy  which  a  part  of  that  fair  return 
of  wages  which  economic  laws  have  given  to  all  labor  is  taken 
from  him  and  approi)riated  to  fatten  the  jiockethook  of  the 

union  man." 

Such  form  of  expression  can  hardly  he  characteri/.efl  as  judi- 
cial or  temperate.  A  work  intended  to  he  a  serious  discussion 
of  the  law  of  boycotts  uses  such  language  as  the  loilowing: 
"  Men  who  will  wantonly  con-pire  to  boycott  inanimate  ob- 
jects, simply  because  men  of  their  own  trade  and  calling  who 
did  not  belong  to  their  association  built  them,  are  monsters 
who  |)lace  themselves  outside  the  pale  of  the  law  and  should 
be  exterminated  from  the  face  of  the  earth.  They  place  them- 
selves on  a  level  of  the  anarchist,  whose  religion  and  creed  is 
the  destruction  of  all  existing  systems  of  property,  society, 
government  and  religion."  The  sentences  that  follow  this 
quotation  grow  more  rather  than  less  extreme. 

Again  we  find  the  boycott  described  by  the  Brooklyn  Eagle 
as  a  "dragon,  slimy  and  repulsive,  which  had,  for  more  than 
a  quarter  of  a  century,  been  a  vague  terror  to  independent 
workers  and  to  large  employers,  at  all  times,  materializing  now 
and  then  as  a  concrete  foe,  insidious,  treacherous,  often  triumph- 
ant."   A  grand  jury  described  a  boycott  in  a  case  before  them 
as  a  "hvdra-headed  monster,  dragging  its  loathsome  length 
across  the  continent,  sucking  the  very  life  blood  from  our  trade 
and  commerce,  equally  harmful  to  employees  and  employers." 
Records  of  the  American  Bar  Association  contain  the  state- 
ment: "As  frequently  applied  it  is  one  of  the  most  heartless 
and  brutal  manifestations  of  private  revenge  recorded  in  his- 
tory and  is  calculated  to  call  forth  the  abhorrence  and  just 
reprehension  of  all  men  who  respect  law  and  love  liberty." 
A  Virginia  judge  declar'-d  from  the  bench  that  the  acts  arc 
"incompatible  with  the  prosperity,  peace  and  civilization  of 
the  country,  and  if  they  can  be  perpetuated  with  impunity 
by   a   combination  of  irresponsible  cabals  and   cliques,   there 
will  be  an  end  of  government  and  of  society  itself."    Still  other 
statements  of  this  character  riia\  be  iouna  m  i^aiai:;:  ;-  c;;yuv;LL=. 


24;^  A\  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Very  much  more  dignified  and  satisfactory  is  a  stateme; 
found  in  an  address  by  President  Emeritus  Eliot  of  Harvard 
"The  boycott  is  a  method  of  combat  which  is  eminently  a 
method  of  ill-will,  bein'  an  attempt  to  ruin  the  business  of  a 
(K-rson  or  coqwration  that  will  not  conform  to  the  regulations 
of  the  unions  in  the  manufacture  i>T  distribution  of  its  product. 
It  is  a  gross  interference  with  a  just  industrial  liberty,  and  it  is 
often  extremely  cruel  in  purjwse  if  not  in  achievement.  So 
far  as  it  goes,  it  makes  good  will  between  the  employing  class 
and  the  laboring  class  impossible.  It  is  a  comb. 'live  method 
and  nothing  el^e.  Although  seldom  an  effective  weapon,  ex- 
cept in  places  where  tie  unions  control  a  clear  majority  of  the 
population,  it  is  a  weapon  much  dreaded  not  only  by  manu- 
facturer.-, but  by  merchants  and  other  distributors  of  goods." 

Approval  of  Boycotts.  —  Contrasted  with  this  method  of 
expression  is  that  of  those  who  insist  upon  their  right  to  use  the 
boycott  when  they  wish.  Naturally  if  is  the  union  laborer  who 
insists  upon  this  right.  That  many  irrational  statements  may 
be  found  emanating  from  this  side  of  the  controversy  is  to  be 
taken  for  granted.  It  is  useless  to  repeat  them.  It  is  sufficient 
to  say  that  they  come  from  the  more  radical,  the  less  well  in- 
formed and  really  the  less  influential  sources.  This  cannot  be 
said  of  the  statements  urged  on  the  other  side.  Of  numerous 
statements  that  might  be  used  by  way  of  illustration  one  may 
be  selected  that  is  quite  t>-pical.  It  appeared  in  connection 
with  the  discussion  ot  the  Buck  Stove  and  Range  Boycott  and 
was  printed  in  several  of  the  labor  papers  during  the  year  1Q09. 

"Neither  the  defendants  in  this  case  or  other  union  men 
destroyed  a  Buck's  stove  or  the  factory  where  they  are  manu- 
factured. They  probably  injured  the  sale  of  the  shoves,  but  we 
deny  that  this  is  a  property  right.  And  that  is  where  our  pro- 
test' against  the  ruling  of  the  court  '  in.  If  we  assume 
that  a  boycott  to  injure  the  sale  of  a  p  uct  injure'  a  i)rop(rty 
right,  then  we  assume  that  the  manuiacturer  has  a  property 
right  in  the  customer;  and  no  man  hiis  a  p  operty  right  in  a 
customer  or  in  the  laborer  who  works  for  him.  The  sooner  we 
make  this  clear  the  sooner  shall  we  get  the  relief  we  are  asking 
for." 

Commenting  on  this  statement,  the  editor  of  one  of  these 
papers  says   the  distinction  "is  absolutely  true.     To  destroy 


THE  BOYCOTT 


249 


physical  property,  or  to  dissipate  intangible  property  secured 
as  such  by  the  law,  is  a  radically  different  thing  from  turning 
customers  away  from  a  seller  of  goods.  The  seller  neither  has 
nor  can  have  a  legal  property  right  in  his  customers.  To  erect 
such  a  right  u[)on  the  foundation  of  property  rights  in  the  good 
will  of  the  business,  is  cither  to  beg  the  question  or  to  abuse 
the  good-will  principle.  No  one  can  have  a  property  right  in 
the  good  will  of  his  customers  which  the  customers  are  bound 
to  respect.  They  may  quit  patronizing  him  at  any  time  and 
from  any  motive.  If  they  do  so  from  fear  of  personal  injurj', 
it  is  they  and  not  the  seller  whose  rights  are  assailed.  If  they 
fjuit  not  from  fear  of  the  boycotter  but  from  information  which 
he  supplies,  then  the  boycotter's  offence  depends  upon  whether 
his  information  was  true  and  legitimate;  and  on  these  issues  a 
jury  and  not  an  injunction  judge  must  decide.  As  to  the  legiti- 
macy of  the  informatior  upon  which  the  customer  acts,  any- 
thing that  would  aiTect  a  free  man's  decision  in  buying  goods  is 
legitimate  information  about  those  goods  —  provided  only 
that  it  is  true.  If  the  merits  of  the  Buck  stove,  for  instance, 
were  fraudulently  extolled  by  the  maker,  the  publication  of 
that  fact  ought  to  be  and  would  be  lawful.  The  Buck  stove 
customers  have  a  right  to  know  the  truth  about  this  important 
element  in  determining  their  action  as  buyers.  But  customers 
are  influenced  by  other  considerations  than  the  iniiercnt  merits 
of  the  commodity  they  buy.  Good  men  and  women  would  not 
like  to  buy  a  commodity  streaked  with  the  blood  of  factory- 
foundered  children.  It  is  therefore  no  wrong  to  let  them  know 
•  he  fact,  if  it  be  a  fact,  and  to  appeal  to  them  in  the  name  of 
humanity  not  to  buy.  They  might  not  like  to  buy  commodities 
produced  by  underpaid  and  overworked  labor.  It  is  therefore 
no  wrong  to  let  them  know  this  fact,  in  cases  in  which  it  is  the 
fact,  and  to  appeal  to  them  not  to  buy.  And  so  of  those  who 
prefer  'union-made'  goods  to  'scab-made'  goods;  the  manu- 
facturer has  no  property  right  in  secrecy  as  to  that  fact.  Un- 
less persons  who  abhor  the  death-dealing  child  labor  of  our 
factories;  those  who  shudder  at  the  ojjpressive  conditions  which 
em[)loyers'  unions,  taking  advantage  of  unfair  social  institutions, 
are  forcing  upon  working  people;  those  who  believe  h,  eiicvjurag- 
ing  labor  organizations  —  unless  these  may  unite  to  divert 
their  custom  from  the  establishments  that  turn  human  blood 


'fl 


2!;o 


AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


into  dividends,  both  their  personal  freedom  and  their  property 
rights  are  destroyed.  For  it  is  ever>body's  personal  right  and 
his  property  right  to  trade  wiili  whom  he  pleases." 

Contrast  of  Opposing  Views.  —  Contrasting  the  two  views 
more  pointedly,  it  appears  that  the  opponents  of  the  boycott 
more  generally  rely  upon  implications  inferred  from  the  terms 
used  in  stating  their  propositions.  The  expressions  already  re- 
ferred to  furnish  evidence  of  this.  They  also  rely  upon  prec- 
edents of  courts  and  dicta  of  judges  as  finally  settling  the  ques- 
tion. Oppt)sed  to  these  statements  the  advocates  use  the  familiar 
expressions  of  indiviaual  rights,  liberty  to  do  what  one  wills 
with  his  own,  and  other  well-known  phrases  that  are  very  gen- 
eral, if  not  abstract.  More  particularly  they  insist  that  new  and 
complex  phases  of  industry  make  necessary  new  and  different 
inter{)retations  and  applications  of  rules  formerly  held  to  be 
satisfactory. 

Against  edicts  of  courts  that  boycotts  are  unlawful,  being 
violative  of  constitutional  rights  in  protection  of  life,  liberty  and 
property,  are  opposed  the  constitutional  statements  of  rights 
accorded  to  all  citizens  of  life,  liberty  and  property,  rights  that 
cover  and  protect  the  boycott.  Against  precedent  based  upon 
past  {)ronouncements  of  courts  are  placed  nrw  conditions  that 
should  not  justly  be  brought  within  the  scope  of  these  precedents. 
One  side  says  that  any  person  may  work  "when  he  will,  where 
he  will,  for  whom  he  will  and  at  what  wages  he  will,"  and  when 
an  organization  is  formed  for  the  purpose  of  preventing  any  man 
from  exercising  these  rights,  that  organization  "violates  the 
essential  rights  of  labor."  The  other  side  replies  that  if  anyone 
may  work  when,  where,  for  whom  and  at  what  wages  he  will, 
certainly  he  may  work  with  whom  he  will.  It  follows  that  he 
may  refusr  lo  do  any  of  these  things  if  he  so  wills.  Further,  if 
any  organizativm  to  prevent  the  doing  as  one  may  will  violates 
any  essential  right,  it  must  be  that  an  organization  that  p'^^tt-'cts 
laborers  in  the  righ:  to  do  as  they  will  must  be  an  important 
protection  of  an  essential  right.  And,  finally,  if  an  organization 
to  protect  a  right  on  the  part  of  some  violates  that  right  on  the 
part  of  others,  there  is  in  the  final  outcome  a  protection  rather 
than  a  violation  of  essential  rights.  Thus  the  reasoning  leads  to 
no  conclusion,  certainly  not  to  the  very  positive  coi.clusion  that 
essential  rights  are  being  violated  instead  of  protected.     And 


THE  BOYCOTT 


251 


what  is  true  of  a  person's  right  to  labor  is  also  true  of  his  right 
to  spend.  He  may  spend  what  he  has  honestly  earned,  just  as 
he  may  spend  what  he  legally  possesses,  when  he  will,  where  he 
will,  for  what  he  will  and  at  any  price  he  will.  Any  organization 
to  prevent  this  is  in  violation  of  an  essential  right.  But  any 
organization  to  secure  this  method  of  expenditure  is  in  protec- 
tion of  an  essential  right. 

Then,  to  pass  to  the  final  stage,  if  the  right  to  do  what  one 
will  be  used  to  secure  indirectly  another  and  larger  object,  there 
is  a  new  difficulty.  For  one  side  says  that  the  exercise  of  this 
right  results  in  damage  to  the  other  party,  the  one  with  whom 
the  working  or  buying  relations  are  to  be  established;  it  is  mali- 
cious. The  other  side  says  that  this  right  of  spending  is  used  to 
further  the  ends  of  the  spender,  namely,  to  promote  the  purposes 
of  trade  unionism,  the  securing  of  better  conditions  of  labor  and 
a  better  economic  life.  These  ends  are  both  lawful  and  laud- 
atory. The  object  is  not  destructive  but  constructive.  If  mo- 
tive or  intent  be  of  any  consequence  at  all  in  giving  legal  color 
to  these  acts,  tlie  motive  or  intent  is  that  of  self-interest,  the 
ultimate  securing  of  those  laudable  objects  sought  through  or- 
ganization of  labor. 


CHAPTER  XV 
THE  BOYCOTT  (Continued) 

Conclusions  of  an  Exhaustive  Study. — A  recent  study  of  the 
boycott:  Boycotts  and  the  Labor  Struggle;  Economic  and  Legal 
Aspects,  by  Dr.  H.  W.  Laidler,  has  furnished  a  most  exhaustive 
and  timely  elaboration  of  this  perjilexing  subject.  l'".om  it  the 
following  propositions  appear. 

New  Name:  Old  Practice.  —  Though  the  word  is  con  par- 
atively  new,  the  practice  is  vcr>'  old.  In  great  \  ariety  f  forms 
history  reveals  it.  In  mcxiern  times  consumers'  boyco  s,  em- 
ployers' boycotts,  political  boycotts,  international  boycott 
trade  boycotts  (in  which  employers  have  used  against  each  other 
the  same  methods  that  are  under  discussion),  farmers'  boycotts, 
.\bolitionists'  boycotts,  prohibitionists'  boycotts  —  the-e  and 
other  forms  are  not  unfamiliar.  "The  working  class,  in  its 
tif,ht  for  better  and  more  humane  conditions,  is  not  the  only 
element  in  society  which  uses  its  [jurchasing  and  selling  power  to 
force  other  groups  to  grant  concessions.  The  general  public 
resorts  Lo  the  Ixiycott  to  force  a  reduction  of  monopoly  prices; 
the  class  conscious  capitalist  uses  it  to  silence  the  organs  of  pub- 
lic opinion;  the  employer  ruthlessly  employs  it  to  crush  the  union 
spirit  among  his  workmen;  the  merchant  wields  it  to  cut  the 
market  from  beneath  unmanageable  competitors;  the  citizen 
uses  it  to  i)lace  his  friends  in  office;  the  peoples  of  one  country 
practice  it  to  gain  concessions  from  other  countries  or  to  pnxent 
aggression:  labor,  business,  social,  ethical,  religious,  political, 
educational  associations  fashion  it  to  their  ends  —  some  for  the 
weal  of  society,  some  for  its  detriment." 

Should  Boycott  be  Legally  Recognized?  —  There  are  social 
and  economic  reasons  why  the  boycott  should  be  legally  rec- 
ognized. It  is  true  that  it  is  often  used  unscrupulously  and  with 
blind  and  misdirected  zeal.  Yet  the  difficulties  that  the  laborers 
have  to  encounter  are  real  and  very  great.  From  his  position 
of  advantage  the  employer  in  order  to  break  up  organizations 

252 


THE  BOYCOTT 


ass 


of  labor  uses  means  that  are  secret,  underhanded  and  unscru- 
pulou-;.  Labor  ,-  handicapped  heavily  when  operating  individ- 
ually against  employer-,  whereas  the  employer  has  the  distinct 
advantage  of  wealth  anu  social  position.  Supplementing  this,  he 
forms  powerful  and  often  secret  employers'  organizations,  uses 
cretly  the  blacklist  in  direct  violation  of  law,  employs  secret 
agencies  and  detectives  to  spy  out  the  acts  and  purposes  of  em- 
ployees, secures  appointment  of  private  detectives  in  his  own 
employ  as  s  leriff's  deputies  with  all  aie  authority  of  the  state 
•o  back  them,  influences  the  press  and  even  the  pulpit  and, 
when  open  violence  is  resorted  to,  he  calls  in  the  militia  and  the 
courts  to  keep  order  and  protect  his  rights.  The  chapter  in 
which  thi^  proposition  is  elaborated  is  particularly  valuable  as 
setting  forth  many  facts  not  generally  known. 

If  labor  is  deprived  permanently  of  the  use  of  the  boycott,  the 
laborers  will  be  driven  to  secret  practices,  always  more  harmful 
than  those  conducted  in  the  open,  to  political  action  and  to  the 
tactics  of  the  Industrial  Workers  of  the  World.  If  the  boycott  is 
legalized,  it  will  be  used  more  sparingly,  more  and  more  will  it  be 
safeguarded  from  abuses. 

Finally,  Laia'er  concludes:  "In  view  of  the  effectiveness  of 
the  boycott  in  many  trades,  in  strengthening  the  hands  of  labor, 
and  thus,  indirectly,  in  advancing  social  welfare;  in  view  of  the 
weapons  which  are  constantly  being  brought  into  play  against 
the  laborer  in  his  struggles,  necessitating  the  use  of  weapons 
additional  to  the  strike  and  the  picketing;  in  view  of  some  of  the 
substitutes  which  may  be  resorted  to  if  the  boycott  is  not  avail- 
able; in  view  of  the  decreasing  likelihood  of  any  great  abuse  in 
the  employment  of  the  boycott,  and  the  laws  on  the  statute  book 
which  take  due  care  of  many  of  the  perversions  con  plained  of; 
and  in  view  of  the  greater  number  of  peaceful  settlements  which 
would  probably  r  suit  from  its  potential  use,  iae  writer  (Laidler) 
is  in  favor  of  legalizing  this  weapon.  By  this  he  means  that 
neither  the  injunction  nor  the  civil  nor  criminal  process  should 
be  employed  against  the  p-imary  or  the  secondary  boycott,  nor 
against  that  form  of  the  compound  boycott  which  involves  only 
the  threat  to  injure  the  business  of  another  by  the  withdrawal 
of  patronage  or  labor.  He,  of  course,  would  not  include  in  this 
exemption  the  threat  of  actual  violence  to  person  and  property. 

''In  advocating  this  legalization,  he  (Laidler)  believes  that 


254    AN  INTRODUCTION  TO  STUDY  OF  ORGAVIZKD  LABOR 

there  will  pn)l)al)ly  he  some  abuses  in  the  employment  of  the 
boycott,  as  there  are  in  the  exerci'^e  of  every  right ;  that  at  times 
the  use  of  this  weapon  is  less  efifective  than  that  of  others  at  the 
disposal  of  labor;  but  that  such  abuse  and  such  occasional  in- 
eflectiveness  do  not  constitute  any  sufTicient  argument  for  ren- 
dering the  boyt;)tt  illegal.'' 

An  Answer.  —There  is  abundant  reason  for  agreemg  with 
this  position,  as  stated  by  Laidler,  though  to  many  it  will  seem 
advanced  or  even  radical.    Its  result  will  be  to  deprive  the  em- 
ployer of  some  of  the  privileges  he  now  has  under  the  law  and  to 
extend  to  employees  a  corresponding  advantage.     If  a  greater 
equality  of  privilege  and  advantage  1«'  the  result,  there  can  be 
no  rational  objection,  and  only  on  the  securing  of  such  a  result 
can  be  based  any  argument  in  favor  of  the  change.    As  has  been 
so  often  pointed  out,  the  equalization  of  rights  and  privileges 
often  necessarily  involves  a  taking  from  one  to  give  to  another. 
The  Answer  Conditioned.  —  It  seems  clear  that  if  the  pres- 
ent status  of  the  boycott  is  to  be  permanent,  it  must  be  clear  that 
the  permanency  rests  squarely  upon  industrial  equality;  for  the 
purpose  of  the  law  must  be  to  secure  such  a  result.    If  it  is  to  be 
changed,  the  change  must  be  clearly  shown  to  be  in  the  direction 
of  such  equality,  else  there  can  be  no  reason  for  the  alteration. 
For  this  there  is  abundant  justification  found  in  the  familiar 
maxim  that  the  law  adjusts  itself  to  social  changes,  preserving 
justice  as  a  constant  fact  amid  the  ever-changing  phases  of  social 

evolution. 

A  Change  Imminent.  —  That  such  a  change  is  immment 
seems  evident.  There  is  inconsistency  between  the  law  of 
strikes  and  the  law  of  boycotts.  Why  motive  or  intent  should 
not  be  either  equally  important  or  equally  negligible  is  difficult 
to  explain  on  any  basis  of  reason.  Clearly  the  difference  rests 
on  an  historical  foundation.  This  difference  will  cease  to  exist 
in  time,  for  the  retarded  development  has  had  its  ways  smoothed 
by  its  forerunner,  and  will  sooner  or  later  catch  up. 
'  Is  Boycott  an  Attack  on  Property  Right?  —  There  is  one 
element  that  is  jiresent  in  reality  but  is  overlooked  in  that  discus- 
sion which  holds  that  boj -otting  is  an  attack  upon  a  property 
right  for  which  its  owner  may  claim  legal  protection.  When 
an  enterpriser  starts  a  busin'^ss  he  assumes  many  risks  that  he 
cannot  shift.      The  reward  offered  him  by  society  is  large  re- 


THK  Bovcorr 


255 


turns  in  the  form  of  profits,  if  profits  there  be;  hut  the  f  s[K)nsi- 
hility  for  the  losses,  if  profits  there  be  not.  These  protits  are 
variable  in  amount  and  exceedingly  illusive.  Naturally  the 
enterpriser  does  what  he  can  to  protect  his  profits.  To  do  this 
many  business  practices  have  grown  u])  that  do  not  stand  the 
test  of  morals  and  have  consequently  been  condemned  both  in 
public  opinion  and  in  law.  Among  these  risks  is  that  of  ix'ing 
able  to  get  and  keep  a  market.  This  is  purely  a  matter  ui  com- 
petition, and  many  influences  are  at  work  to  change  market 
conditions,  to  build  up  or  overthrow  one's  trade.  The  right  to 
enter  or  to  refrain  from  entering  into  business  relations  is  not 
oi5eii  to  question.  It  is  fun(!.;;;;ental  and  is  not  aflcctcd  by  the 
fact  that  others  join  in  doing  the  same.  If  it  is  to  the  interest 
of  one  to  refrain,  it  may  be  to  the  interest  of  a  hundred  or  a 
thousand  similarly  placed  to  refrain.  If  they  recognize  this 
interest  by  consultation,  come  to  the  conclusion  by  agreement 
and  unite  in  common  action,  no  one  of  the  group  has  done  what, 
as  an  individual,  he  has  not  a  legal  right  to  do.  Moreover,  if 
their  interests  lie  to  them  in  refraining  from  assuming  the  busi- 
ness relation,  they  are  simply  furthering  their  own  welfare,  and 
this  is,  of  course,  a  worthy  motive.  That  they  refrain  from  the 
relation  cannot  be  interjireted  as  a  loss  to  the  other  party  to  the 
case.  It  is  true  that  such  relations  are  entered  into  for  mutual 
gain.  If  one  desires  the  relation  for  his  gain  and  the  other  re- 
frains because  he  does  not  see  it  to  his  interest  to  assume  the 
relation,  it  does  not  mean  that  there  is  a  loss.  It  is  true  that  an 
opportunity  for  gain  cannot  be  taken  advantage  of,  but  that  is 
not  a  loss.  One  cannot  be  said  to  have  suffered  a  loss  of  a  thou- 
sand dollars  because  he  has  never  found  a  thousand  dollars. 

But  further,  so  long  as  buying  and  selling  are  but  two  views  of 
the  same  act,  an  act  of  voluntary  business  relation,  and  so  long 
as  the  relation  must  be  one  of  mutual  agreement,  it  is  difficult 
to  see  N.here  the  property  right  enters  in.  One's  business  is  of 
course  his  property.  So,  in  a  sense,  may  one's  labor  be  called  his 
property.  WTien  one  offers  for  sale  and  another  refuses  to  buy, 
there  is  simply  a  refusal  to  exchange  property  for  [)ro[u'rty. 
When  one  points  out  to  another  or  to  many  others  that  it  is  to 
his  interest  not  to  luy,  there  is  again  sim{)ly  the  refusal  to 
exchange.  When  n-.any  meei  and  decide  together  or  agree  not 
to  buy,  there  is  concerted  refusal  to  exchange.     To  interpret 


256    AN  INTRODUCTION'  TO  STUDY  OF  ORdANIZKD  I.AHOR 

this  as  a  malicious  destruction  of  one's  business,  which  is  prop- 
erty, and  even  to  inten)ret  it  as  an  infringement  of  a  proptTty 
ri^iit  is  a  manifestation  of  solicitude  for  one  iorm  of  property 
(a  i)usiness)  at  the  expense  of  another  form  (labor)  that  is  not 
easy  to  ju-^tify.  The  man  who  goes  into  business  assumes  the 
risk  of  failure  together  with  the  chances  of  success.  If  failure 
comes,  it  is  his  risk,  so  long  as  it  comes  from  the  refusal  of  others 
to  buy,  and  is  his  loss,  but  it  is  not  a  loss  for  which  those  who 
refuse  to  be  purchasers  can  be  held  reponsible.  Clearly  the 
essential  difference  is  in  the  combination  and  in  the  motive. 
But  it  is  at  just  these  two  points  that  the  opinions  show  a  tend- 
ency toward  a  change  of  view.  Combination  and  conspiracy 
are  not  so  fuUv  svnonymous  as  they  have  been.  Motive  is 
not  so  material  as  it  has  been.  Plenty  of  obiter  utterances  may  be 
found  to  show  this  change.  With  the  further  modification  of 
these  older  views  will  come  further  modification  of  the  court's 
attitude  toward  the  boycott. 

A  Conclusion.  —  It  seems  evident  that  the  law  will  have  to 
attach  more  importance  than  it  has  to  the  contention  of  those 
who  insi^  t  upon  the  legality  of  the  labor  boycott.    It  is  true  that 
a  person's  business  is  his  own  only  in  a  restricted  sense.    Good 
will  does  not  belong  inseparably  to  a  business.    The  customers 
are  independent  in  their  patronage.    If  in  the  sale  of  a  business 
a  certain  amount  be    ■  'ded  to  the  purchase  price  as  covering 
good  will,  the  purchaser  certainly  has  no  control  over  the  svishes 
of  the  customers  if  they  do  not  transfer  their  patronage  to  the 
new  owner.    There  is  no  legal  recourse  for  recovery  of  any  part 
of  the  price  paid  unless  the  former  owner  violates  some  provision 
express.y  stipulated  in  the  contract.    If  good  will  is  a  part  of  a 
business,  then  it  cannot  be  said  that  one's  business  is  entirely 
his  own.     Store,  stock-in-trade,   fixtures,   these   are   proi)erty 
that  are  protected  by  law.    Good  will  is  not  subject  to  protection 
of  the  same  kind  for  it  is  a  personal  relation,  mutually  entered 
into,  and  from  which  a  party  may  withdraw  at  will.      In  strikes, 
courts  refuse  to  compel  a  man  to  work,  avoiding  e\ery  coercion 
of  the  person.    In  trade  relations  they  must  take  thj  same  view. 
As  one  cannot  be  made  to  work,  so  he  cannot  be  compelled  to 

trade.  . 

The  Court's  Conclusion.  —  This  line  yf  reasoning  can  be  otl- 
set  by  extracts  from  the  opinions  expressed  by  the  courts.     That 


rm-;  Bovcorr 


357 


is  to  Ik'  cxjicctccl,  as  tlu'v  do  not  accq)t  those  general  i)rincii)Ies. 
They  concliuli'  that  the  Ijoyrott  is  not  Mjciaily  justitiabk'  and  is 
unlawful.  So  long  as  they  hold  to  these  views,  it  will  he  unlawful 
and  must  he  recognized  as  such.  Hut  the  principles  upon  which 
their  conclusions  rest  were  laid  down  in  a  dilTerent  age  when  con- 
ditions were  unlike  those  of  to-day.  As  the  conditions  change, 
the  principles  of  social  welfare  change,  and  as  these  latter  change, 
the  laws  change  also.  But  legal  changes  are  much  slower  than 
social.  In  this  matter  of  the  boycott  the  legal  changes  have  not 
moved  far  enough  in  the  direction  of  social  changes. 


EARLY    E.XPERIENCE   IN    UOYCOTTING 

At  one  time  in  the  development  of  labor's  jiolicy  the  boycott 
seemed  a  very  hopeful  weapon.  Ik-tv.'en  iSSo  and  iSqo  the 
Knights  of  Labor,  as  a  nation-wide  organization,  reached  the 
height  of  its  ])ower.  During  the  same  period  the  American 
Federation  of  Labor  came  Into  being,  lioth  organizations 
were  enthusiastic  and  saw  labor's  millennium  just  ahead.  With 
eagerness  the  boycott  was  seized  as  a  convenient  weaiion  for 
fighting.  While  there  is  no  complete  information  available 
as  to  the  number  of  boycotts  that  were  instituted  during  this 
period,  the  facts  that  ha^e  been  collected  show  that  its  use 
touched  a  wide  variety  of  trades,  and  that  the  outcome  in  a 
large  proportion  of  cases  was  successful  to  the  workers.  Es- 
pecially favorable  did  the  method  of  attack  prove  against 
the  newspapers,  publishers,  manufacturers  of  cigars,  hats, 
clothing,  stoves,  against  flour  mills,  hotels  and  theaters.  A  very 
complete  record  of  boycotting  was  published  by  the  New  York 
Bureau  of  Statistics  of  Labor  during  the  eight  years,  1885  to 
i8q2  inclusive.  Covering  that  time  records  were  comjiiled  of 
1,352  boycotts.  In  the  first  year  there  were  59.  The  year  fol- 
lowing the  number  increased  to  163.  The  number  rcmain<-d 
large  (hovering  around  180)  until  the  last  year  when  it  dropped 
to  88.  The  results  of  these  boycotts  are  not  fully  reported.  At 
first  the  success  appears  to  have  been  relatively  large.  In  the 
year  of  the  largest  number  the  successes  appear  least  numerous. 
Many  cases  reported  were  not  followed  up  to  record  the  out- 
come. Of  686  cases,  the  conclusions  of  which  were  noted,  461 
were  reported  as  succeeding,  leaving  only  about  one-third  as 


J5N    AN  INI  KODI'C  rioN  TO  SITDN   Ol    ORCANI/Kf)  l.AHOR 

failur(^.  Hii^  should  imt  ln"  taki'ii  as  of  too  much  weight,  as 
it  i>  |).>->il»li-  that  iho^i-  of  sun-osful  issue  wm  nioR  iiktiy  to 
l)f  niiortid  than  tht-  failures.  In  1.S8.S  the  C'ommissioiuT  ot 
LalK)r  in  whose  olVue  these  facts  were  compiled  was  of  the 
opinion  that  the  boycott  was  losing  rather  than  K^ii'ii'iR  ''i  ''"^ 
efTectiveness.  At  first  it  seems  to  have  caught  the  employers 
unawares  and  they  did  not  know  how  to  oppose  it.  The  ju'cu- 
li.ir  persistency  with  which  boycotts  were  fou^jht  did  not  carry 
the  suj)port  of  public  opinion,  .\ppeals  to  the  courts  met  with 
success.  The  consi)iracy  law  was  interpreted  by  the  judges  as 
covering  the  cases  and  decisions  were  rendered  against  the 
boycotters.  I'hese  legal  a,ipeals  were  made  with  increasing 
freciuency.  In  one  year  over  one  hunilred  boycott  leaders  were 
sentenced  to  the  [H-nitentiary  in  New  York  City  alone. 

Conclusion  from  Experience.  -  .\n  analysis  of  the  data  of 
boycotts  during  the  eighties  and  nineties  of  the  last  century 
shows  some  interesting  conclusions.  Of  those  that  were  brought 
to  a  tinal  termination,  from  two-thirds  to  three-fourths  were 
successful,  and,  generally  s[)eaking,  liie  greatest  successes  came 
to  bovcotts  against  primary  necessities.  It  also  appears  that 
"the  success  of  lK)ycotts  is  likely  to  be  in  inverse  ratio  to  their 
frequency;  that  those  boycotts  which  do  not  act  eflectively 
within  the  first  few  months  are  much  less  likely  to  succeed  than 
those  vigorously  pushed  from  the  very  beginning;  also  that  the 
causes  underlying  the  boycott  are  among  the  determining  fac- 
tors in  its  success."  Further  it  a[)pears  that  while  boycotts 
are  subject  to  abuse,  such  abuse  is  liable  to  prove  a  "boomerang 
against  labor."  With  its  continued  use,  the  abuse  tends  to 
become  less.  The  facts  of  the  period  indicate  also  a  growing 
conservatism  on  the  part  of  unions  in  the  use  of  the  boycott. 

Factors  AflFecting  Success  of  Boycott.  —  Several  factors  ap- 
pear as  of  leading  significance  in  determining  the  success  of  a  boy- 
cott when  no  appeal  is  made  to  the  court  for  legal  interfereiu  i-. 
The  following  list  is  suggested  by  Laidler:  the  character  of  the 
market  for  the  commodities  boycotted;  the  strength  of  the  boy- 
cotting organization;  the  frecjuency  and  regularity  with  which 
the  article  is  purchased;  the  location  of  the  boycotted  fum;  its 
capital;  nation-wide  extent  of  its  trade;  the  degree  of  monopoly; 
the  manner  in  which  the  unionists  concentrate  on  one  firm; 
the  publicity  secured;  the  ease  with  which  the  boycotted  goods 


Tin.  nnvroTT 


259 


arc  (listinKiiished;  the  character  of  the  competition  against 
the  I'trm;  tin-  flirertn."^^  of  the  hojiottinK  attaik-,  iiic  (auses 
liMilinK  to  the  institution  of  the  hoyeotf;  the  vi^^r  with  which 
it  is  pushed  at  th'.'  very  outset;  and  the  care  u^ed  in  its  inau- 
guration. 

An  Illustration.  —  That  the  boycotts  of  this  peri(Hl  were 
"carried  on  in  many  cases  in  a  most  arl)itrary,  annoying  and 
olTensive  manntr,  resulting  in  an  outhur-t  of  [K)|)uhir  sympathy 
for  the  hoycot.ed  and  of  popular  indignation  against  the  l)oy- 
cottcrs"  will  ip|)ear  if  two  cases  are  described  in  some  detail. 
One  was  the  case  of  boy.  ,lt  against  a  music  hall.  Thtiss  was 
the  prop'-iet(;r  and  he  em[)loyed  an  orchestra  of  thirteen  [)ieces, 
with  a  force  of  waiters,  bartender>  and  other  helpers.  His 
investment  was  given  at  Ssoo.ooo.  Among  his  emp^ioyces  were 
members  of  Waiters  Union  No.  i,  the  Carl  Sahm  Club  and 
Bartenders  Union  No.  i.  The  demands  presented  to  Theiss 
were  that  he  discharge  the  orchestra,  who  were  themselves 
union  musicians,  though  not  of  the  same  union,  and  employ 
only  members  of  the  Carl  Sahm  Club,  paying  union  wages; 
also  that  all  non-union  waiters  and  bartenders  be  discharged,  — 
this  within  twenty-four  hours,  on  pain  of  boycott.  Theiss's 
son-in-law  was  head  bartender  and  his  son  was  head  waiter. 
The  leaders  employed  fifty  men  to  conduct  the  boycott,  supply- 
ing them  with  refreshment  and  arranging  them  in  relays.  They 
wore  hats  with  boycott  labels  on  them,  passed  out  posters 
signed  by  the  boycott  committee  of  the  Central  Labor  Union 
denouncing  Theiss  as  a  foe  to  labor.  At  times  the  crowd  at- 
tracted in  front  of  the  hall  was  five  hundred  or  more.  The 
police  arrested  the  leaders  but  the  magistrates  discharged  them. 
Growing  bolder,  the  men  entered  the  hall,  pasted  labels  on  the 
tables,  discolored  the  frescoed  walls,  set  fire  to  substances  which 
tilled  the  hall  with  smoke  and  oflensive  (xlors,  and  destroyed 
some  of  the  stage  scener}'.  This  continued  for  fifteen  days. 
Theiss  purchased  his  mineral  waters  of  Shultz.  They  threatened 
Shultz  till  he  would  not  sell  to  Theiss.  Ehret,  a  brewer,  was 
called  on  and  asked  to  refuse  to  sell  beer  to  Theiss  and  to  fore- 
close a  mortgage  on  his  place  or  be  boycotted  by  the  Knights 
of  Labor.  At  this  stage  Ehret  arranged  for  a  meeting  in  his 
office  between  Theiss  and  his  boycotters.  The  outcome  was 
that  Theiss  finally  yielded  at  every  point.    Then  the  boycotters 


TRADK-UMON  JLRISDICTION 


407 


leadership  and  inteli  ent  fnllowinR  the  way  may  be  open  to 
adopt  Mr.  John  Mitchell's  ad\ice  when  he  says  that  "  the  various 
organizations  claiming  the  same  work  should  be  compelled  to 
submit  the  (|uestion  in  dispute  to  the  arbitration  of  technically 
equipped  special  committees  appointed  by  the  American  fed- 
eration of  Labor.  The  respective  claims  of  the  parties  to  the 
dispute  should  then  be  passed  upon  and  the  award  should  be 
at)solutely  final.  The  national  unions  should  support  the  Fed- 
eration in  its  decisions,  and  all  organizations  which  refuse  to 
abide  thereby  should  be  punished  according  to  the  judgment  of 
the  Federation.  It  is  important  that  any  decisions  arrived  at 
should  be  national  and  not  merely  local  in  their  scope,  and  that 
they  should  be  strictly  enforced." 


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354    A\  IXTRODUCTIOX  TO  STUDY  OF  ORGANIZED  LABOR 


State  Workingmcn's  Assembly  occut  complaints  that  indicate 
the  frequency  of  this  difBculty.  The  followinj];  is  a  typical 
statement  from  one  of  the  rej)orts:  "There  '  no  previous 
record  of  so  large  a  number  of  bills  being  introo' ued  or  so  many 
representatives  of  labor  organizations  being  present.  The 
Workingmtn's  Assembly,  the  state  branch  of  the  American 
Federation  of  Labor  and  the  Knights  of  Labor,  also  several 
small  societies,  each  had  a  full  committee  present.  There  was  a 
deluge  of  labor  bills.  Not  one  real  labor  bill  became  a  law. 
Members  of  the  legislature  who  have  watched  and  been  friendly 
to  labor  legislation  for  years  say  there  was  too  much  of  it,  and 
they  were  right.  To  say  that  fifty  labor  measures  were  intro- 
duced is  putting  it  mildly." 

On  another  occr.sion  a  report  states  that  "such  diversity  tends 
in  a  great  measure  to  weaken  our  efforts,  to  defeat  our  plans  and 
to  prevent  us  from  securing  the  legislation  necessary  for  our 
protection  and  welfare.  .  .  .  Members  of  the  legislature  tell  us 
that  if  we  could  only  make  up  our  minds  as  to  what  we  want  we 
might  get  something." 

Organization  Measures.  —  Wherever  it  has  been  possible  to 
centralize  authority  the  organization  has  endeavored  to  dis- 
tinguish between  its  measures  and  those  of  others.  It  then 
announces  that  only  its  own  bills  are  to  be  regarded  as  "labor 
measures"  and  that  its  own  committee  is  in  charge  of  all  "offi- 
cial" mtasures.  When  this  plan  succeeds  it  destroys  the  in- 
fluence behind  a  large  number  of  local  measures.  The  legislative 
committee  cjuite  generally  adopts  the  policy  of  withholding  its 
influence  from  any  measure  that  has  not  received  the  endorse- 
ment or  is  not  a  part  of  the  legislative  program  of  the  state 
organization. 

One  other  source  of  confusion  exists,  one  that  is  not  so  easily 
brought  under  control. 

There  is  the  introduction  of  bills  dealing  with  labor  interests 
by  persons  not  considered  to  be  "labor"  men,  and  even  by  legis- 
lators themselves.  Even  though  these  maj-  be  excellent  meas- 
ures, the  labor  leaders  usually  refuse  to  recognize  them.  They 
undoubtedly  consider  this  attitude  necessary  for  the  maintenance 
of  efficient  organization  and  supervi>ion.  Vet  it  cannot  be  said 
to  be  the  full  explanation.    They  take  a  very  well-defined  posi- 


t  itin  in  f  111'  nil  t  tt*r 


\I,ir..   ;t>  .n    It, If   Ol..   l.ll.,%r  l>,llc    ,"nf  r,^rl,  ,^,.,1    " 


LEGISLATIVE  METHODS 


3SS 


they  say,  "are  introduced  for  the  purpose  of  giving  *.he  intro- 
ducer political  prestige  in  his  district,  or  are  introduced  by 
scheming  persons  claiming  to  represent  this  or  that  labor  or- 
ganization, while  the  real  object  in  view  by  the  promoter  is  gain 
for  himself."  This  is  without  doubt  an  unjustifiable  accusation 
for  any  labor  leader  to  make  in  such  general  terms,  yet  it  shows 
the  determination  to  keep  the  initiation  of  laws  as  much  as  pos- 
sible in  their  own  hands.  It  also  shows  an  unwarrantable  im- 
patience with  others  who  have  very  often  only  a  desire  to  pro- 
mote the  good  of  all. 

An  instance  of  action  on  the  part  of  the  unions  not  affiliated 
with  the  American  Federation  of  Labor  is  found  in  Indiana  when, 
during  the  last  session  of  the  legislature,  a  cooperative  board  was 
formed  by  the  agreement  of  eight  representatives  of  the  B'"othtr- 
hood  of  Locomotive  Engineers,  Brotherhood  of  Locomotive 
Firem.en  and  Enginemen,  Order  of  Railroad  Conductors,  Broth- 
erhood of  Railroad  Trainmen,  and  Order  of  Railroad  Teleg- 
raphers. These  men  agreed  to  "support  each  other  in  every 
possible  way."  Three  bills  out  of  five  were  secured,  the  credit  for 
which  this  group  claims.  One  of  the  bills  that  was  lost  dealt  with 
some  requirements  favorable  to  telegraph  operators.  It  was 
opposed  by  a  member  of  the  legislature  who  was  also  a  member 
of  the  Order  of  Railroad  Conductors.  Of  this  member  the 
representative  of  the  telegraphers  reports  to  his  union:  "The 
interests  of  the  telegraphers  in  a  legislative  way  will  probably 

have  a  better  chance  in  the  future  if  they  see  that  Mr.  W 

is  kept  in  charge  of  his  train  on  the  .  .  .  railroad  instead  of 
helping  elect  him  as  a  representative." 

Speaking  of  the  results  of  the  work  in  general  the  report  con- 
cludes: "This  was  our  first  time  to  be  represented  at  the  General 
Assembly  and  our  first  effort  to  obtain  favorable  legislation,  but 
it  should  be  by  no  means  our  last.  The  representatives  of  the 
other  brotherhoods  have  put  many  valuable  laws  on  the  statute 
books  of  the  state  of  Indiana,  due  to  their  hard  and  persistent 
work  during  the  sessions  of  the  General  Assembly.  The  teleg- 
raphers, due  to  their  lack  of  representation,  have  practically  no 
laws  of  a  remedial  chan'.cter.  What  we  are  able  to  do  in  the 
future  will  be  governed  to  a  great  extent  by  the  amount  of  in- 
fluence we  can  bring  to  bear  in  the  political  field,  and  each  and 
everv  one  of  us  should  get  into  the  game  in  our  resnective  local- 


356    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ities  and  see  that  our  friends  are  rewarded  and  our  enemies  kept 
at  home." 

The  Legislator's  '*  Record."  —  Reference  has  already  been 
made  to  the  plan  of  submitting  pledges  to  candidates.  After 
their  election  the  idea  is  applied  still  further  by  keeping  a  careful 
record  of  all  votes  on  labor  bills.  These  results  are  embodied 
each  year  in  the  report  of  the  legislative  committee,  and  legisla- 
tors are  classified  according  to  their  records.  Various  classes 
have  been  made  from  time  to  time  and  in  the  several  states. 
Some  of  these  are  "special  mention";  "favorable  mention"; 
"black  list"  and  "dodgers."  In  other  cases  the  two  latter  ones 
are  "luke  warm"  and  "black  list."  Other  lists  begin  with  "roll 
of  honor."  Legislators  are  assigned  places  in  these  hsts  accord- 
ing to  the  number  of  labor  measures  for  which  they  vote.  More 
recently  the  plans  have  been  chang  J  in  some  of  the  organiza- 
tions. A  list  of  names  of  all  the  legislators  is  printed  and  opposite 
each  name  is  stated  the  number  of  bills  supported,  the  number 
opposed  and  the  number  of  absences  at  the  time  of  voting.  This 
is  regarded  as  being  a  more  rehable  representation  of  the  attitude 
of  each  one  of  the  members.  Those  who  have  an  unfavorable 
record,  according  to  the  classification  adopted  by  the  organiza- 
tion, are  marked  and  the  voters  are  supposed  to  "remember" 
them  at  the  next  election.  The  members  of  the  legislative  com- 
mittee have  learned  from  experience  that  such  a  list  standing  by 
itself  is  not  to  be  taken  as  altogether  conclusive.  Even  a  good 
record  is  not  always  to  be  taken  as  favorable  to  the  legislator. 
As  they  have  stated  in  their  reports  the  committee  know  of  many 
cases  where  bills  have  been  "held  back  through  subterfuge  or 
excuse  until  the  last  days  of  the  session.  Then  the  member,  for 
the  purpose  of  'making  a  record,'  will  move  the  passage." 

Close  Touch  with  Locals.  —  The  committee  is  always  in 
correspondence  with  local  organizations.  This  enables  them  at 
the  critical  point  to  draw  in  from  local  unions  resolutions,  letters 
or  telegrams  to  members,  and  even  special  visits  of  delegations 
from  some  field  where  a  doubtful  vote  may  be  turned  or  a  hos- 
tile attitude  modified. 

Plans  have  been  formulated  from  time  to  time  for  carrying  this 
legislative  organization  still  further.  It  has  been  proposed  to 
organize  local  legislative  committees  or  appoint  local  representa- 


Li V  C^  Hi   CVLTV    Lill. 


fvyuio  \.iiuiJiv^   tiic  ceiitidi  dUClli-V   ciL 


LEGISLATIVE  METHODS 


357 


I 


I 


the  capital  to  come  in  touch  more  quickly  with  the  voters  for  the 
purpose  of  a  demonstration.  The  lov-al  representative  would  be 
communicated  with  and  it  would  be  his  duty  to  arouse  those 
within  his  intkience.  It  is  supposed  that  a  letter  or  a  call  from  a 
member  or  a  delegation  of  a  constituency  has  far  more  weight 
with  a  legislator  than  pressure  brought  to  bear  from  many  other 
sources.  Through  the  local  committees  advantage  might  be 
taken  of  this  influence  quickly  and  forcibly  a*  those  critical  times 
when  votes  are  needed  and  when  other  means  of  securing  them 
have  failed.  This  plan  has  not  been  easy  to  apply  and  it  has  not 
been  extended  to  the  lengths  that  it  was  at  first  hoped  it  would 
be. 

Estimate  of  the  System.—  This  is  the  outline  of  the  system. 
In  many  points  it  is  strong,  in  many  it  is  weak.  It  is  above  all  an 
intensely  practical  system.  It  aims  to  benefit  labor  and  labor 
alone.  It  is  suspicious  of  outside  interference  and  jealous  of 
suggestion.  Its  organization  is  becoming  stronger  as  it  is  learn- 
ing by  experience.  The  demands  of  the  future  may  be  relied 
upon  to  modify  its  workings  still  further,  and  such  modification 
will  tend  to  eliminate  the  weak  points  and  to  strengthen  those 
already  strong.  It  may  even  now  be  regarded  as  a  powerful 
influence  in  legislation.  As  to  results,  positive  statements  must 
be  made  with  extreme  caution.  In  general  it  may  be  said,  be- 
yond the  possibility  of  contradiction,  that  the  organization 
above  described  has  been  a  potent  factor  in  securing  that  body  of 
laws  known  by  the  general  name  of  labor  legislation. 

While  it  cannot  be  doubted  that  positive  influence  has  been 
exerted,  great  difficulty  arises  in  determining  its  exact  extent. 
So  numerous  and  interwoven  are  the  various  interests  repre- 
sented in  the  legislative  halls  that  to  single  out  any  one  of  them 
and  make  a  mathematical  calculation  of  its  force  is  impossible. 
To  attribute  the  passage  of  any  given  law  to  the  influence  of  any 
single  organization,  or  to  that  of  a  group  of  allied  organizauons, 
is  wholly  unsafe.  Even  the  opposition  of  directly  conflicting 
interests  may  enlist  in  favor  of  a  movement  interests  which  were 
at  first  neutral. 

Taking  the  laws  that  are  denominated  labor  laws  by  the  state 
departments  of  labor  and  tracing  their  development  in  the 
sessions  of  the  legislatures,  and  at  the  same  time  making  a 
parallel  study  ot  the  proceedmgs  of  the  conventions  of  the  labor 


358    A\  INTRODUCTION  TO  STUDY  OF  ORCiAMZKD  LABOR 


orpanizalions,  the  reports  of  their  officers  and  the  legislative 
committees,  it  is  believed  that  the  study  will  show  in  a  striking 
way,  in  nearly  every  case,  both  the  activity  of  the  labor  or- 
ganizations and  their  determined  advocacy  of  the  bills  that 
have  been  enacted  into  law.  The  conclusion  seems  warranted 
that  in  securing  the  enactment  of  labor  laws  labor  organizations 
have  taken  a  very  active  interest  and  that,  as  compared  with 
other  organizations,  they  have  exercised  the  greatest  and  in  most 
cases  the  determining  influence. 

Recognition  of  the  influence  of  labor  leaders  with  the  legisla- 
tive bodies  comes  from  unexpected  sources  and  with  no  little 
authority.  A  leading  New  York  daily  has  asked  why  labor  is  not 
represented  in  the  legislative  halls  of  the  nation  by  its  men  of 
power  and  purpose.  To  this  another  New  York  daily  replies. 
Having  in  mind  the  enactment  of  the  Seamen's  bill  and  the 
exceptions  in  favor  of  the  farmer  and  the  laborer  made  in  the 
Clayton  bill,  it  speaks  directly  to  the  point.  "There  is  no  need 
of  such  representation.  Congress  is  a  subordinate  branch  of  the 
American  Federation  of  Labor.  .  .  .  The  men  of  'power  and 
purpose'  among  American  laborites  scorn  to  enter  a  bod>  on 
which  from  the  exterior  they  can  impose  their  will.  .  .  .  The 
unsleeping  watchmen  of  organized  labor  know  how  intrepid  most 
Congressmen  are  when  threatened  with  the  'labor  vote.'  The 
American  laborites  don't  have  to  send  men  to  Congress  as  their 
British  brethren  do  to  the  House  of  Commons.  From  the 
galleries  they  watch  the  proceedings.  They  are  mighty  in  com- 
mittee rooms.  They  reason  with  the  recalcitrant.  They  bull- 
doze the  weak.  They  tight  opponents  in  their  Congress  dis- 
tricts. There  are  no  abler  or  more  potent  politicians  than  the 
labor  leaders  out  of  Congress.  The  labor  representatives  in  it  are 
usually  small  fry.  .  .  .  Why  should  rulers  like  Mr.  Gompers  and 
Mr.   Furuseth  go  to  Congress.     They  are  a  Supercongress." 


CHAPTER  XXII 
LABOR  LEGISLATION 

With  such  a  machine  built  up  to  secure  legislation  the  question 
naturally  arises:  What  results  can  it  show?  This  question  can  be 
answered  only  in  part;  and  this  for  two  reasons.  First:  legisla- 
tion is  the  result  of  a  set  of  forces  far  too  complex  for  such  line 
measurement.  Other  agencies  and  associations  cooperate  either 
purposefully  or  incidentally  in  the  work  of  the  lobby.  The  results 
cannot  be  sejiarated  to  the  definite  credit  of  these  various  and 
separate  factors.  Labor  organizations,  for  e.xample,  are  quite 
uniformly  in  favor  of  child  labor  legislation.  Yet  the  National 
Child  Labor  Committee  is  admittedly  the  leader  in  pushing  this 
line  of  legislation,  while  the  legislative  committees  of  unions  give 
very  active  support.  In  such  a  case  it  would  obviously  be 
equally  unfair  to  give  to  either  one  of  these  organizations  the 
entire  credit  or  no  credit  for  child  labor  legislation.  Even  this 
illustration  takes  no  account  of  other  groups  that  actively  work 
in  this  particular  line.  Second:  it  is  not  easy  to  draw  a  clear  line 
between  labor  legislation  and  other  legislation.  When  a  law  is 
passed  requiring  the  registration  of  tuberculosis  cases  it  is 
difficult  to  classify.  Some  cases  of  this  disease  are  clearly  due  to 
industrial  causes,  others  are  not.  Yet  the  law  makes  no  such 
distinction.  Legislation  requiring  the  licensing  of  chauffeurs  or 
of  operators  of  moving  picture  machines  might  be  backed  by  a 
union  of  chauffeurs  or  of  moving  picture  operatives,  or  it  might 
be  the  result  of  a  recommendation  of  public  administrative 
officials  made  solely  in  the  interests  of  public  safety. 

Difficult  to  Measure  Results.— With  such  difficulties  of  anal- 
ysis and  classification  in  the  way  it  is  clearly  impossible  to  state 
definitely  the  legislative  results  that  are  due  to  the  labor-union 
lobby.  Yet,  speaking  generally,  there  can  be  no  doubt  that 
the  effort  along  this  line  has  led  to  very  positive  results.  The 
enthusiastic  unionist  is  very  firm  in  his  claim  that  the  large 
number  of  laws  now  m  force  for  the  beneht  and  protection  of 


i 


'11 


359 


3')0    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


the  human  factor  in  industry  is  due  solely  to  the  persistency  of 
union  acti\ity.  The  statement  is  undoubtedly  an  exaggeration 
of  a  truth.  A  study  of  the  situation  in  its  broader  phases  leads 
to  the  conclusion  that  the  legislative  activity  of  unionism  is 
to  be  accorded  a  large  part  of  the  credit  of  having  secured  that 
body  of  law  that  we  call  labor  legislation.  Within  the  past  few 
years,  it  must  be  admitted  that  other  groups  have  played  a  very 
important  role.  'I'he  National  Child  Labor  Committee  with 
its  state  branches  in  many  industrial  states,  the  National 
Women's  Trade  Union  League,  the  Consumers'  League,  the 
American  Association  for  Labor  Legislation;  these  arc  some 
of  the  important  agencies  in  securing  a  large  portion  of  the  pro- 
gressi\'c  industrial  legislation  of  the  past  decade.  They  have 
usually  worked  in  close  cooperation  with  the  legislative  com- 
mittees of  the  unions. 

Early  Phases  of  Legislation.  —  For  reasons  already  stated, 
as  well  as  because  of  limitation  of  space,  it  will  be  impossible 
in  this  chapter  to  do  more  than  illustrate  the  results  that  have 
been  won.  Taking  the  earlier  phases  of  this  legislation,  it  must 
be  noted  that  they  antedate  the  labor  movement  as  it  is  known 
to-day.  Mechanic's  lien  laws,  laws  that  reorganized  the  terms 
of  militia  service,  and  even  the  first  ten-hour  day  legislation 
were  the  products  of  another  movement.  This  era  has  been 
briefly  referred  to  in  a  former  chapter.  Our  factory  legislation 
also  was  in  its  beginnings  the  product  of  other  forces.  English 
precedents  coupled  with  some  of  our  first  serious  investigations 
into  factory  conditions  at  home  started  a  line  of  legislation 
that  has  been  constantly  augmented.  Labor  unions  early  in 
their  own  experience  joined  in  wit^  other  agencies  to  push  this 
grouf)  of  laws.  Recent  movements  to  increase  the  number  of 
inspectors  have  been  strongly  backed  by  the  unions.  These 
have  met  generally  with  success,  often  leading  to  the  appoint- 
ment of  active  trade-union  men  to  some  of  the  new  positions 
created  by  the  laws. 

Bureaus  of  Labor.  —  One  of  the  earliest  movements  seriously 
taken  up  by  the  legislative  departments  of  the  state  organiza- 
tions was  the  establishment  of  departments  or  bureaus  of  labor 
in  the  several  states.  This  has  been  actively  pushed  until  at 
present  at  least  thirty-eight  of  the  states,  besides  H,Tw;iii.  Porto 
Rico  and  the  Philippines,  have  special  legislation  for  this  de- 


LABOR  LEGISLATION 


361 


F 


partmcnt  of  state  administration.  Seven  other  states  have 
more  limited  activity  in  the  same  line,  as  factory  or  mine  inspec- 
tion. In  several  of  these  thirty-eight  states  there  has  been  a 
reorganization  in  the  form  of  an  industrial  commission  that 
combines  in  one  group  the  activities  of  the  bureaus  of  labor  and 
all  other  matters  pertaining  to  industry  in  the  state.  These 
various  departments  of  labor  have  been  regarded  by  the  unions 
as  in  some  respects  their  own  peculiar  interest.  Very  frequently 
the  heads  of  the  departments  have  been  chosen  either  from 
among  the  labor  leaders  themselves  or  u[)on  their  recommenda- 
tion. 

Immigration.  —  Immigration  has  been  a  subject  in  which 
unions  are  vitally  interested.  One  phase  of  this  is  alien  labor 
and  laws  regulating  it.  Not  many  kinds  of  alien  labor  can  be 
regulated  by  law  and  so  public  works  have  been  the  center  of 
attention.  In  nine  states  the  employment  of  aliens  on  public 
works  has  been  either  prohibited  or  closely  regulated.  These 
laws  have  received  the  special  attention  of  union  legislative 
committees. 

Varied  Subjects  of  Legislation.  —  In  mediation  and  arbitra- 
tion there  are  numerous  laws.  Many  states  have  state  boards 
that  are  the  result  of  legislation  especially  urged  by  union  labor. 
There  has  been  legislation  along  this  line  in  thirty-four  states. 
Hiring  armed  guards  has  been  dealt  with  in  ten  states.  Black- 
listing of  employees  by  employers  has  been  subject  to  legislative 
action  in  twenty-six  states.  Laws  against  coercion  of  em- 
ployees in  trading  are  found  in  twenty  states;  regulating  or 
forbidding  company  stores,  eleven  stages.  In  twelve  states 
laws  declare  that  labor  agreements  are  not  conspiracies.  In 
eleven  a  statement  of  cause  of  discharge  is  a  legal  requirement. 
The  eight-hour  day  has  been  secured  in  some  one  of  its  phases 
in  thirty  states.  Concerning  employrrent  oflfices  provision  has 
been  made  either  for  establishment  of  public  or  the  regulating 
of  private  agencies  in  thirty-three  states.  Regulation  of  hours 
of  labor  appears  to  be  frequent:  in  mines  and  smelters,  fifteen 
states;  railways,  twenty-ei^^ht  states;  street  railways,  ten  states; 
on  public  works,  twenty-seven  states.  Concerning  payment 
of  wages  in  scrip  thirty  states  have  legislated;  and  in  regulation 
of  time  and  mcxle  of  wage  payment,  thirty-one  states.  There 
are  laws  for  the  protection  of  employees  as  members  of  labor 


r 


2,()2     W  [NTkODCcTroX  TO  STUDV  OF  ORGANIZED  LABOR 


organizations  in  nincttrn  staies;  laws  requiring  sufficient  crews 
on  trains  in  twenty-one  states;  laws  regulating  the  construction 
of  calK)ose  cars  on  railroads  in  eighteen  states.  In  nine  states 
there  are  laws  regulating  rates  of  wages  on  jjuhiic  works. 

In  addition  to  these  lines  there  are  many  special  trades 
in  which  laws  recjuiring  examination,  licensing  or  other  regula- 
tion have  been  secured.  liarhers  ha\e  secured  provision  for 
examination  and  registration  in  t'lfteen  states.  In  twenty-two 
states  the  licencing  or  other  regulation  of  chautTeurs  is  [)rovided 
for.  Similar  regulation  is  provided  for  horse-shoers  in  four 
states,  i)lumhers  in  twenty-one  states,  steam  firemen  and 
engineers  in  ten  states. 

These  are  some  of  the  lines  along  which  union  leaders  have 
secured  laws  presumably  in  favor  of  workingmen.  In  prac- 
tically all  of  these  instances  the  laws  are  in  a  peculiar  sense 
labor  laws.  They  have  been  secured  for  the  express  purpose 
of  benefiting  the  laborer  in  some  way  and  giving  him  a  i)oint  of 
ad\  antage  or  remo\-ing  a  handicap  in  his  bargaining  power. 

That  this  line  of  legislation  is  of  increasing  volume  as  well 
as  im{)ortance  will  be  made  clear  by  a  very  brief  comparison. 
Social  legislation  is  very  distinctly  the  order  of  the  day.  Re- 
forms are  numerous  and  each  seeks  legislative  aid  in  accom- 
plishing its  immediate  purpo.se.  Labor  legislation  is  very 
properly  a  part  of  social  legislation. 

Extent  of  Labor  Legislation.  —  The  United  States  Bureau  of 
Labor  Statistics  has  published  on  -e\eral  occasions  a  compila- 
tion of  the  labor  laws  of  the  Unite  .  States.  The  first  of  these 
was  published  for  the  year  1S90  and  contained  507  pages  of 
law  text.  For  the  year  1896  a  second  compilation  was  issued, 
that  time  containing  1,178  pages.  The  latest  i.ssue  is  in  two 
volumes  and  has  over  2,000  [)ages  of  law  text.  The  increase 
will  appear  still  greater  when  it  is  considered  that  in  each  suc- 
cessive issue  the  line  of  distinction  has  been  more  strictly  drawn, 
eliminating  some  material  previously  included. 

Reports  of  actual  results  occasionally  appear,  though  they 
are  not  in  such  form  as  to  make  com[)arisons  reliable  from  year 
to  year.  For  the  year  IQ13  a  report  compiled  by  the  American 
Federationist  shows  a  total  of  JS7  labor  laws  secured  in  that 
k'gi.;lati\e  \ear  in  forty  states  and  the  federal  Congress.  Cali- 
fornia led  the  list  in  {)oint  of  number  of  laws,  showing  twenty 


LAIiOk  I.KCilSLATION 


3'M 


statutes.  Massachusetts  enacted  f(jurleen;  New  York,  Ohio 
aiul  Pennsylvania  twelve  each;  Connecticut  and  Michi^^an  ten 
each.  Arizona  and  Georgia  were  the  lowest  in  the  numerical 
order,  each  enacting  one  such  statute.  These  enactments  in- 
cluded laws  on  workmen's  conifjcnsation,  employiTs'  liability, 
hialth  and  sanitation,  safety  devices,  convict  labor,  loan  agents 
(or  sharks),  mining,  eight-hour  day,  hours  for  wcjmen,  mothers' 
(or  widows')  pensions,  minimum  wage  laws  for  women,  child 
labor,  semi-monthly  payment  of  wages,  private  employment 
bureaus,  trades  disputes,  mediation  and  conciliation,  state 
bureaus  of  labor,  anti-injunction,  and  direct  legislation.  This 
report  for  a  single  year  is  typical  alike  in  the  number  of  laws 
in  recent  years  and  the  variety  of  subjects  dealt  with. 

Such  a  representation  is  but  an  approximately  accurate 
showing  of  what  labor's  legislative  campaigns  ha\e  done  e\en 
in  securing  legislation.  On  the  negative  side  the  list  does  not 
suggest  at  all  what  has  been  done.  Many  bills  are  intrcxiuced 
the  etTects  of  which  the  unionists  regard  as  against  their  interests. 
Such  measures  are  fought  with  all  the  vigor  and  effectiveness 
that  the  s)  stem  can  command.  In  many  instances  their  opposi- 
tion is  successful.  No  count,  even  an  ai)pro.\imate  one,  can  be 
made  of  these  measures.  From  the  trade-union  point  of  view- 
it  is  quite  as  essential  that  such  measures  be  defeated  as  it  is 
that  some  others  be  passed.  There  is  much,  therefore,  in  the 
way  of  negative  results  that  must  be  taken  account  of  in  any 
estimate  of  this  legislative  system. 

Recent  Tendencies  of  Unions.  —  In  recent  months  there  has 
appeared  a  tendency  to  check  somewhat  this  legislative  ac- 
tivity. For  a  time  it  seemed  that  unions  had  decided  to  at- 
tempt to  WTite  their  every  wish  upon  the  statute  books  of  the 
states  as  the  shortest  and  surest  way  to  the  desired  end.  But 
experience  is  teaching  its  lesson  and  it  is  becoming  evident  that 
the  lesson  is  being  well  learned.  It  has  been  found  that  the  real 
vitality  of  a  law  lies  quite  as  much  in  its  administration  as  in 
its  enactment.  The  enactment  has  proved  to  be  comparatively 
easy.  It  has  become  e\ident  that  a  factory  inspection  law- 
may  be  quite  efTectively  vetoed  by  having  a  limited  number  of 
inspectors.  Again,  if  the  powers  of  these  inspecto'-^  are  in- 
adequate their  etiectueness  is  seriously  unpaired.  An  inspec- 
tion law,  then,  must  be  sup[)lemented  by  legislation  providing 


^^fi4      ^'^   IMKdIHC  IKJN    l()  slLIA   oi    Ok(, AMZI.U  I.Aliok 


for  sutricii-nt  .  jnilurs  of  inspcrfors  arrncil  with  a(It(|u;ifo 
powiTs.  'I'lu'ri  ronics  the  |ursoiiiitl.  Il  lh.it  he  faulty,  thr 
entire  i.iaii  ^o  canliilly  and  lal)orinii-|\  worked  out  eoines  to 
iiaui^ht.  It  i>  beiiij;  su;;«e.sted  that,  alter  11,  if  the  workin^'nien 
will  organize  and  present,  eaeh  Krouj)  for  its  own  shop,  the  de- 
niaiicK  lor  these  ini|)rovemeiits,  they  can  be  secured  without 
h'gishition. 

I';\p(  rienee  has  tauf,dn  also  that  standards  .et  hy  a  law  may 
easily  ite  taken  hy  an  employer  as  a  maximum  vvliile  they  are 
intended  by  the  laborer  as  a  minimum.  This  of  course  leads  to 
ditriculty  If  after  a  bill  has  been  tinally  fou^jht  through  to  a 
place  on  th  ■  statute  books  it  proves  to  be  an  arj.;ument  in  the 
mouth  of  the  -mployer  for  not  Koin^'  t>eyond  its  requirements, 
it  develops  into  a  lK)omeran>,'.  The  policy  of  unionism  is  to  con- 
tinue demands  one  after  aiiotlier  for  the  im{)rovement  of  labor. 
A  law  settinj.;  u[)  certain  standards,  as  for  example  sanitary 
conditions  in  factories,  is  for  the  unionist  a  step  in  a  forward 
movement.  If  it  is  not  so,  then  the  aj^^^'ressive  leader  will  natu- 
rally turn  his  back  on  the  law  as  an  aid  and  go  in  all  the  more 
energetically  for  collective  bargaining. 

Again,  experience  has  shown  that  t!ie  employer  can  exert  an 
influence  also.  In  matters  of  shaping  legislation  the  union 
leader  has  learned  that  to  the  employer  lobbying  is  not  a  game 
with  which  tie  is  entirely  unfamiliar.  The  recent  investigation 
of  the  "insidious  lobby"  to  which  President  Wilson  called  the 
attention  of  Congress  led  to  some  very  interesting  if  not  sur- 
[)rising  revelations.  The  knowledge  that  the  employer  can 
use  his  ability  in  the  legislative  field  has  undoubtedly  checked 
somewhat  the  number  of  lines  of  work  engaged  in  by' the  legis- 
lative representatives  of  organized  labor. 

Once  more  experience  may  be  referred  to  as  a  teacher.  Be- 
hind the  legislature  stands  the  court  with  its  power  to  set  aside 
laws  as  being  out  of  accord  with  constitutional  principles. 
iMany  a  bill  has  been  presented  by  trade-union  conventions, 
urged  upon  the  legislature,  fought  through  in  the  face  of  the 
most  stubborn  resistance  until  tinally  the  signature  of  a  governor 
has  made  it  a  law.  The  expense  in  both  time  and  money  has 
been  heavy.     At  the  end  an  appeal  is  taken  to  the  court  and 

lUf.   ,,,U^\..   ,,f    jU,,    ,.,....-1,-    :-    ,„..!  ...       :.       .       „       i    J    _•    •  -T- 

••••-      rr;:\,'i*..     •,,•;     :,;;'^     '.'.  Vv'ir*    ;:,     UiiLIoIIL"    iii    u    CuUFt    CICl.tSn,ni.  i  (J     Liic 

laborer  whose  interest  seems  so  intimately  wrapi)ed  up  in  the 


I.AIiOk    I.I  (.ISLAIION' 


matter,  the  court  apjjrars  a^  an  oh^tack'  to  tlu-  atlaiiinvnt  of 
his  imkIs.  ("ollt'ciivi-  hari^'ainin^r,  ii  'inployers  can  lie  niadc  to 
accept  the  terms,  will  have  no  such  tribunal  of  .ippial. 

Is  the  Policy  Changing?  Sue  h  experiences  as  these  are 
having  a  (lire(  I  elTeit  on  ihe  political  policies  of  unionism.  The 
advisability  of  'heir  extended  use  is  bein^  more  seriously  f|ueif:- 
tioned.  This  chant;in^  altitude  is  he^innin^  to  appear  more 
conspicuously  in  the  extension  of  maximum  or  minimum  stand- 
ards. At  tirsl  the  legislation  establishing,'  le^'al  minimum  wa^^es 
for  women  was  actively  supported  by  union  leaders.  The 
same  is  true  of  maximum  hours  of  lab(  .  More  recently  the 
situation  has  begun  to  appear  in  a  new  lij^ht.  To  secure  condi- 
tions of  labor  in  this  way  may  result  in  weakening  the  fc'eling 
of  dependence  u[)on  the  union.  Should  such  laws  be  extended 
so  as  to  include  men  in  mines,  men  in  exira-ha/.ardous  trarles 
and  men  in  less  dangerous  industries;  should  the  principle  of 
police  power  be  extended  to  cover  public  welfare  in  terms  of 
the  workers'  welfare  then  workers  wouid  become  fjuite  entirely 
dependent  upon  legislatures  and  there  would  be  fell  no  need 
for  organization  into  unions  anrl  collective  bargaining  through 
union  representatives.  This  prospect  is  by  no  means  an  inviting 
one.  To  prevent  its  development  leaders  are  already  beginning 
to  speak  out  plainly  against  an  extension  of  legislative  activity. 

By  those  who  speak  for  this  newer  policy  it  is  pointed  out 
that  "there  is  a  broad  and  very  significant  ditTerence  between 
a  minimum  wage  set  by  law  and  a  minimum  set  by  a  trade 
union."  A  rate  set  by  law  is  usually  rigid,  the  conclusions  of 
politicians  in  the  forming  of  which  employees  have  no  voice, 
since  they  arc  usually  adopted  in  trades  that  are  largely  if  not 
entirely  unorganized.  In  this  sense  the  employees  are  treated 
as  wards  of  the  state.  Minimum  wage  rates  when  established 
by  trade  unions  are  flexible  and  are  the  result  of  '"free  action 
on  the  part  of  free  men  and  free  women."  "It  is  hoped"  that 
laborers  "  will  never  permit  state  legislatures  or  state  commis- 
sions in  combination  with  employers  the  privilege  of  setting 
the  wages  of  any  male  adults  in  the  United  States.  That  pre- 
rogative must  remain  at  all  hazards  in  the  hands  of  the  workers 
themselves  as  free  men  through  their  own  organizations." 

Tfr;ii    If  L-^    Ai-__j-._^j^  T;      i_     ,;i   I   ^_  ,  J   1       :..,{■    ^  i- -  ,-i   .v.,-.i   iU'~ 

W  AAA    Ab    iJs^    A^ijiXlA\i\^il\^\i»  Iv    o  i  i  v.^  vi  i  (  i     itV'L     tJ'yS    iiilCiie^l     iiiLil     Llii'i 

development  indicates  the  abandonment  of  this  line  of  work. 


300     AX  INTROUUCTIOX  TO  STUDY  OV  ORGANIZED  LABOR 

It  is  l)cin«  pushed  with  xii^or.  On  the  occasion  of  the  revision 
of  the  constitution  of  Xew  \'ork  state  the  officials  of  the  State 
Federation  ol  Labor  called  a  conference  in  labor's  interests. 
There  were  present  officers  of  the  American  Federation  of  Labor, 
representatives  of  many  local  unions  in  the  state  and  officers 
from  twenty-five  international  unions.  A  program  of  demands 
was  drafted  and  u  hearing  held  at  which  these  demands  were 
urged  upon  the  convention  for  adoption,  a  strong  argument  being 
that  the  resolutions  represented  the  wish  of  700,000  members 
of  organized  labor.  As  the  Constitutional  Convention  did 
.lot  ac(|uiesce  in  the  wishes  of  these  labor  leaders,  practically 
the  entire  inlluence  of  the  spokesmen  of  unionism  in  the  state 
was  raised  against  the  adoption  of  the  ^iroposed  amendments. 
The  hibor  press  of  the  state  strongly  urged  that  the  labor  vote 
of  the  state  be  cast  as  a  "no"  vote.  What  influence  this  may 
have  had  in  the  overwhelming  negative  vote  at  the  election 
it  would  be  hazardous  to  say.  It  seems  very  probable  that  it 
was  one  of  the  causes  that  brought  abo'-t  the  result. 

The  instance  of  the  La  Follette  bill  lor  seamen  is  fresh  in 
mind  and  illustrates  well  the  strength  of  that  uniou  backed 
by  the  inlluence  of  the  American  Federation  of  Labor  and  the 
ability  of  Senator  La  Follette.  Ever\  ■  will  recall  the  long 
legislative  fight  of  the  American  Federation  of  Labor  for  the 
amendment  of  the  Anti-trust  law.  The  session  of  1Q15  finally 
enacted  as  a  statutory  declaration  that  "the  labor  of  a  human 
being  is  not  a  commodity  or  article  of  commerce."  The  fight 
for  statutory  restriction  of  tht-  use  of  the  injunction  is  another 
item  to  be  placed  to  the  credit  of  this  active  organization.  The 
state  federations  of  labor  also  continue  to  adopt  their  legislative 
programs.  These  are  regularly  presented  by  the  legislative 
committees  for  enactment  into  law.  There  seems  to  be  no 
cessation   in    this  activity. 

It  appears  from  all  the  evidence  at  hand  that  the  legislative 
activity  of  unions  will  continue.  It  may  run  along  somewhat 
restricted  lines  as  experience  directs.  It  will  be  perfected  into 
a  still  stronger  agency  and  will  continue  to  be  a  powerful  weapon 
in  the  hands  of  labor  leaders  to  be  used  at  such  time,  in  such 
manner  and  for  such  measures  as  may  be  dictated  by  a  policy 
that  is  above  all  sternly  practical. 


CHAPTER   XXIII 


POLITICAL  LABOR   PARTY 

The  question  of  political  party  orj^'anizalion  has  been  ever 
I)rescnt  with  trade  unionism.  Whether  or  not  a  labor  party  will 
ever  take  a  place  among  our  political  parties  is  a  practical  cjues- 
tion,  even  if  unanswerable. 

The  Lesson  of  History.  —  History  throws  some  light  u[)on 
the  problem,  but  a  light  of  varying  color.  From  one  angle  of  ob- 
servation it  appears  that  union  movements  have  had  their  sad 
experience  and  have  learned  to  let  political  organization  alone. 
On  the  other  hand,  it  may  be  made  to  appear  that  as  the  e.\i)eri- 
ments  in  politics  represent  one  phase  of  development,  so  too  the 
later  movement  away  from  party  activity  is  again  but  another 
phase  of  development  in  a  later  period.  As  conditions  again 
change  doubtless  policies  will  be  altered  to  suit  the  needs  of  the 
changing  conditions.  It  api)ears  from  these  somewhat  con- 
flicting views  that  prediction  is  hazardous. 

Certain  it  is  that  experience  must  teach  its  lesson.  Labor 
parties  in  the  jiast  ha\e  not  been  successful.  The  workingmen's 
parties  of  the  late  twenties  and  early  thirties  proved  to  be  the 
death  of  the  labor  movement  of  that  era.  Since  that  time  the 
e\i)eriment  has  been  repeated  with  very  much  the  same  results. 
It  seems  characteristic  of  these  early  movements  that,  not  know- 
ing the  reasons  for  their  lack  of  influence,  the  leaders  sought  to 
eliminate  the  weakness  through  party  organization.  Politics 
seemed  so  inviting  in  its  prospects,  it  is  not  to  be  wondered  at 
that  the  laborer  so  recently  enfranchised  should  look  to  the 
ballot.  Its  helpfulness  seemed  beyond  estimate  or  ex])ression. 
Its  dangers  had  not  yet  appeared.  Vet  from  the  vantage  ground 
ol^  experience  it  can  be  seen  that  one  of  the  most  serious  pitfalls 
of  the  organization  movement  of  the  i)ast  was  that  of  political 
activity.  Politics  proved  a  deceptive  attraction.  Even  as  late  as 
TS72  high  hopes  centered  in  the  naming  for  the  flrst  time  of  a 
labor  candidate  for  President  of  the  United  States.    But  i)olitical 


308    AX  IXTRODUCTIOX  TO  STUDY  OF  ORGAXIZED  LABOR 

managers  of  the  established  parties  proved  too  shrewd  to  be 
cauf^hl.     It  was  easy  for  them  to  turn  the  movement  to  their 

own  account.  _  a-  •     * 

Yet  it  does  not  follow  that  these  experiences  will  be  sufficient 
to  deter  the  unions  from  further  attempts.    Labor  unions  may 
again  be  made  the  tools  of  party  managers.    It  must  be  remem- 
bered also  that  labor  unions  out  of  politics  are  by  no  means  free 
from  the  same  danger.    On  the  large  platform  of  national  affairs 
there  is  the  effort  of  the  Socialist  Party  to  "capture    the  Amer- 
ican Federation  of  Labor  and  also  some  of  the  powerful  nationals. 
At  each  of  the  conventions  of  the  Federation  for  several  years 
past  one  of  the  most  exciting  debates  has  been  over  the  resolu- 
tion introduced  by  the  Socialists  to  commit  the  convention  in 
some  form  or  other  to  the  Socialist  Party.    Similar  efforts  are 
made  in  the  conventions  of  many  trade  unions.     In  the  state 
federations  and  the  city  centrals  the  situation  is  even  more  ex- 
citing at  times.    Though  the  American  Federation  has  not  been 
carried  by  any  of  these  resolutions,  some  of  the  state  federa- 
tions -  as  Wisconsin,  Michigan,  Iowa  and  Minnesota,  -  have 
at  different  times,  voted  in  favor  of  a  socialistic  program  ot 
col'ectixe  ownership  and  operation  of  productive  enterprises. 
Many  city  centrals  have  voted  in  favor  of  such  a  program. 
Among  these  are  New  York,  Cleveland,  St.  Louis,  Milwaukee, 
Columbus,  O.,  Erie,  Wilkesbarre,  Haverhill,  Brockton,  Terre 
Haute  and  others  representing  no  particular  size  or  locality. 
These  votes  have  been  passed  at  different  times  and  do  not  mean 
necessarily  a  permanent  adoption  of  such  principles.    It  means 
th-t  there  is  a  predominance  of  delegates  who  feel  safe  or  war- 
ranted at  the  time  in  such  a  vote.    Many  of  the  national  unions 
have  officiallv  endorsed  the  socialist  program.     In  1907  there 
were  found  no  less  than  sixteen  such  unions  with  a  membership 
of  ^^o  800.    This  is  not  to  be  taken  as  meaning  that  the  entire 
membership  was  socialist.   There  was  presumably  in  every  case  a 
minority  of  voters  opposed  to  the  resolution.    Nor  does  it  mean 
that  this  number  of  unions  is  either  constant  or  increasing.     1  he 
vote  of  one  year  may  be  rescinded  the  next.    The  situation  means 
that  there  is  in  trade-unionism  a  strong  following  which  holds  to 
the  principle  that  "the  tradc-uaion  movement  is  the  economic 
wing  and  the  Socialist  Party  the  political  wmg  of  the  labor 

Iliov  i.iin;ui.. 


POLITICAL  LABOR  PARTY 


369 


The  other  side  of  the  relation  is  seen  by  a  few  facts  that  are 
typical.  During  the  socialist  regime  in  Milwaukee,  five  of  the 
twelve  socialists  in  the  city  council  were  trade  unionists;  also 
four  of  the  five  socialist  supervisors  and  four  of  the  six  socialist 
members  of  the  legislature.  Evidence  from  other  l(K-alities  shows 
a  large  proportion  of  trade  unionists  among  socialist  candidates 
for  otBce.  It  is  further  claimed  that  many  more  socialist  can- 
didates are  unionist  in  sympathy,  but  from  localities  where  there 
i'^  no  organization  in  their  trade. 

Local  Politics.  —  Lucal  politicians  are  constantly  on  the 
watch  for  opportunities  to  control  city  centrals.  Discussions  at 
all  their  meetings  is  closely  followed  and  anyone  suspected  of 
having  a  political  axe  to  grind  is  immediately  set  upon  most 
vigorously  by  opposing  interests.  Indeed  the  surest  defense  in 
these  centrals  against  being  captured  by  any  one  of  the  parties 
is  the  cle-'-er  watchfulness  of  members  of  other  parties.  What  one 
cannot  do  because  of  the  shrewdness  of  others,  others  cannot  do 
for  the  same  reason.  These  meetings  sometimes  resolve  them- 
selves into  the  most  spirited  of  debates  in  which  personalities  are 
freely  indulged  in  and  accusations  and  counter-accusations  pass 
into  such  excitement  that  an  inexperienced  observer  would 
expect  to  see  the  meeting  break  up  in  a  fight.  Only  a  stroi  _; 
presiding  officer  can  hope  to  prevent  such  an  outcome  at  times. 

Attitude  of  American  Federation.  —  The  American  Federa- 
tion of  Labor  has  faced  squarely  the  issue  of  political  action. 
Us  position  is  not  one  of  drifting.  The  proposal  first  assumed 
definite  form  as  a  national  question  in  1893.  From  the  first  the 
plan  was  rejected.  At  the  1897  convention  the  Federation 
adopted  a  resolution  as  follows: 

"Resolved,  That  the  American  Federation  of  Labor  most 
firmly  and  unequivocally  favors  the  independent  use  of  the 
Ijallot  by  the  trade  unionists  and  workmen,  united  regardless  of 
party,  that  we  may  elect  men  from  our  own  ranks  to  make  new 
laws  and  administer  them  along  the  lines  laid  down  in  the  legisla- 
tive demands  of  the  American  Federation  of  Lal)or,  and  at  the 
same  time  secure  an  impartial  judiciary  that  will  not  govern  us 
by  arbitrary  injunctions  of  the  courts,  nor  act  as  the  pliant  tools 
of  conwrate  wealth. 

'■Resolved,  That  as  our  etTorts  are  centered  against  all  forms 
01  UlUusUiai  aidvciy  uiid  cCoiiuiniL   «iuu^,   uc  uiusL  aisu  uuclI 


.570    A\  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

our  utmost  enerj^ics  to  remove  all  forms  of  political  servitude  and 
party  slavery,  to  the  end  that  the  working  people  may  act  as  a 
unit  at  the  jiolls  at  every  election." 

Kssentially  the  same  policy  was  indicated  in  the  action  of  the 
last  meetinj:;.  In  resolutions  adopted  by  formal  vote  it  was 
urijed  that  all  state  branches  j^ive  attention  to  the  legislative 
records  of  legislators  as  '  uch  records  are  issued  and  distributed, 
"to  the  end  that  workers  generally  may  learn  from  reliable  and 
authoritative  sources  who  are  the  'friends"  of  labor,"  and  fur- 
ther that  city  and  state  bodies  as  well  as  locals  be  impressed  with 
the  necessity  of  electing  their  "friends"  to  city,  state  and  na- 
tional legislative  bodies.  In  every  possible  case,  it  was  urged, 
preference  should  be  given  to  such  friends  as  carry  paid-up 
union  cards. 

Political  Activity :  Party  Organization.  —  Though  so  strongly 
opiiosed  to  political  party  organization,  the  Federation  by  no 
means  aims  to  keep  clear  of  politics.  This  has  been  made  plain 
in  former  chapters.  Political  activity  without  party  organiza- 
tion is  the  straight  and  narrow  way  into  which  leaders  have 
sought  to  direct  all  trade  unionists.  Political  questions  may  be 
discussed  freely  but  party  questions  are  strictly  taboo.  The 
Constitution  itself  is  made  to  regulate  this  in  the  provision  de- 
claring that  "party  politics,  whether  they  be  Democratic, 
Republican,  Socialistic,  Populistic,  Prohibition,  or  any  other, 
shall  have  no  place  in  the  Conventions  of  the  American  Federa- 
tion of  Labor."  From  the  tirst,  as  it  so  fully  appears,  the  Federa- 
tion has  urged  its  members  to  free  themselves  from  party  ties  and 
to  vote  "for  the  good  of  the  order;"  to  "keep  pohtics  out  of  the 
union  and  the  union  out  of  politics."  Three  specific  recommen- 
dations made  by  the  E.xecutive  Council  in  1906  are  still  alive: 
1 1)  "Defeat  all  who  have  been  hostile  or  indifferent  to  the  de- 
mands of  labor."  (2)  "If  both  parties  ignore  the  demands  of 
lai)or,  a  straight  labor  candidate  should  be  nominated."  (3) 
"The  men  who  have  shown  themselves  to  be  friendly  to  labor 
should  be  supported  and  no  candidate  nominated  against 
them." 

So  far  as  present  indications  may  be  relied  upon,  there  is 
no  immediate  prospect  of  a  political  party  oi  laborers.  The 
efforts  are  now  being  concentrated  along  other  lines.  The 
methods  already  described  seem  to  oiler  to  the  minds  of  most  of 


POLITICAL  LABOR  I'ARTY 


371 


the  leaders  the  more  definite  promise  of  results.  Elections  are 
regarded  as  of  great  importance  because  laborers  may  often 
carry  a  balance  of  power.  As  is  urged  by  some  of  the  more 
discerning,  a  representative  con  generally  be  elected  only  by 
having  a  majority  of  the  vote.  Even  in  case  of  a  three-cornered 
contest  a  j)lurality  vote  must  be  cast  by  the  laborers  before  a 
candidate  of  their  own  nomination  can  be  elected.  On  the  other 
hand,  a  minority,  sometimes  a  small  one,  may  organize  a  Italance 
of  {)ower.  It  can  then  insist  upon  a  suitable  candidate  or  with- 
ht)ld  the  vote.  In  pursuit  of  this  policy  results  have  already  be- 
gun to  appear.  In  the  Sixtieth  Congress  there  were  six  men 
with  union  cards.  At  the  next  Congressional  election  this 
was  increased  to  ten.  In  the  SLxty-second  Congress  there  were 
fifteen,  and  in  the  election  of  191 2  for  the  Sixty-third  Congress 
the  number  elected  was  seventeen.  This  policy  was  begun 
in  a  formal  and  active  way  in  1906  when  the  president  of  the 
American  Federation  of  Labor  openly  opposed  in  their  own 
home  districts  Congressman  Littlefield  and  Speaker  Cannon. 
In  his  last  report  before  the  Federation  convention,  the  presi- 
dent lays  emphasis  on  the  fact  that  "the  Labor  Group  in  Con- 
gress, consisting  of  seventeen  union-card  men.  was  of  material 
assistance  in  outlining  and  carrying  into  effect  a  campaign  to 
secure  favorable  action  by  Congress  upon  Labor's  demands." 
The  policy  of  a  formal  endorsement  was  put  to  its  most  ambi- 
tious application  in  the  presidential  election  of  190S  when  the 
ofTicers  of  the  Federation  openly  endorsed  the  Democratic 
candidate.  These  officers  had  presented  their  '"demands"  to 
each  of  the  parties  at  its  nominating  convention.  The  action 
of  the  Democrats  in  embodying  in  their  platform  some  of  the 
policies  which  the  Federation  leaders  were  calling  for  was  he 
cause  of  the  endorsement.  The  result  revealed  the  limitations 
of  this  movement.  To  Professor  Hoxie  the  incident  makes 
clear  that  "there  is  in  America  to-day  no  'labor  vote.'  The 
evidence  seems  to  show  that  no  formidable  proportion  of  the 
workers  can  be  relied  upon  even  to  support  working-class  as 
against  middle-class  policies  and  leaders."  Again,  when  Presi- 
dent Roosevelt  took  the  "open-hop"  position  in  the  govern- 
ment printing  office  in  the  Miller  case,  the  order  was  sent  out 
from  headquarters  at  the  next  election  instructing  voters  to 
vole  ior  1  dikci'. 


372     AX  INTRODUCTION    TO  STUDY  OF  ORGANIZED  LABOR 

Coupled  with  the  many  resolutions  which  indicate  the  present 
deliberate  purpose  of  the  American  Federation  of  Labor  is  the 
opinion  of  leacLrs  whose  advice  has  always  carried  much  weight. 
Warnings  are  sounded  from  these  sources  against  the  error  of 
committing  labor  to  any  one  political  party,  either  to  one  of 
those  already  in  existence  or  one  formed  by  and  from  working- 
men  themselves.  Writing  in  his  book,  Organized  Labor,  Mr. 
Mitchell  says:  "There  is  no  doubt  in  my  mind  that  the  purposes 
of  workingmen  can  better  be  attained  by  the  formation  of  a 
solid  group  of  men  united  in  their  political  aspirations  and  their 
political  demands,  but  not  committed  to  the  policy  of  form- 
ing a  third  party,  than  in  any  other  way."  To  secure  this 
solidification  Mr.  Mitchell  urges  upon  all  labor  a  closer  alliance 
with  the  .American  Federation,  the  state  federations  and  the 
city  centrals  as  the  basis  of  such  organization.  Only  through 
these  agencies  should  any  trade  seek  to  secure  legislation. 

Sentiment  Favoring  Party  Action.  —  This  view  is  not  unan- 
imously held,  however.  Among  the  more  radical  unions  there 
appears  at  intervals  the  expression  of  an  opinion  favorable  to 
more  definite  and  positive  political  action.  These  views  may 
be  prophetic;  they  are  not  yet  dominant.  At  the  convention 
of  the  United  Mine  Workers  in  January,  1914,  it  was  resolved 
that  the  time  had  arrived,  "owing  to  the  present  economic 
conditions  and  the  machinations  of  the  interests  in  many  places 
for  the  laboring  people  to  come  together  in  a  political  labor 
party."  The  resolution  was  left  indefinite  as  to  plan  or  details 
as  no  party  was  designated  and  no  preparations  for  a  new  party 
were  embodied  in  the  resolution. 

Other  Forces  at  Work.  —  From  other  considerations  it  ap- 
pears to  some  that  a  labor  party  may  be  expected  before  very 
many  years.  Two  forces  are  emphasized  as  probable  causes  of 
such  a'  development.  The  first  of  these  is  the  success  of  asso- 
ciations of  employers  in  curbing  the  activities  of  unions  along 
collective  bargaining  lines  and  also  in  their  efforts  to  check 
the  enactment  of  labor  legislation.  There  is  no  doubt  that 
these  associations  in  recent  years  have  given  labor  leaders  much 
anxious  thought.  Open  shops  have  been  established,  strike 
funds  have  been  accumulated  in  amounts  that  appear  almost 
fabulous  to  some  unions,  and  subtle  substitutes  for  the  black- 
list have  been  developed  in  a  very  practical  way.    Parallel  with 


POLITICAL  LABOR  PARTY 


373 


I 


tl"  *3  development  the  second  force  has  appeared  in  the  line  of 
dcLi.sions  made  by  the  courts.  In  these  views  and  the  decisions 
restinf^  upon  them  the  labor  leaders  see  an  increasing  difficulty 
placed  in  the  way  of  what  they  regard  as  fair  methods  of  bar- 
gaining collectively.  For  these  obstacles  they  hold  the  courts 
responsible.  Both  of  these  lines  of  recent  development  have 
been  matters  of  serious  concern  to  trade  unionists.  They  have 
led  to  a  determination  on  the  part  of  leaders  to  overcome  the 
opposition  found  in  them.  In  what  way  this  can  best  be  done 
appears  not  to  be  generally  agreed  upon  as  yet.  There  is  reason 
to  believe  that  this  phase  of  the  situation  may  result  in  a  more 
definite  political  activity.  Professor  Carlton,  speaking  of  the 
effects  of  employers'  associations  and  the  decisions  of  courts, 
comes  to  a  definite  conclusion,  declaring  that  "a  labor  party 
is  certain  to  appear  soon  after  the  average  union  man  is  thor- 
oughly convinced  that  the  old  line  business  unionism  has  met 
obstacles  which  it  cannot  surmount."  Undoubtedly  there  is 
ground  for  such  a  conclusion.  The  uncertainty  lies  in  trying 
to  determine  where  the  limit  of  activity  of  business  unionism 
will  lie  and  when  it  will  appear  that  the  present  unionism  is 
helpless  because  of  its  form  of  organization.  There  are  stages 
of  development  that  lie  between  the  present  and  this  funda- 
mental change  that  will  in  all  probability  be  passed  through. 
These  stages  have  great  possibilities  without  incurring  any 
radical  departure  from  business  unionism  as  a  form  distin- 
guished from  political  unionism. 

One  of  these  stages  has  already  been  described  at  length. 
That  labor  unions  can  shape  legislation  is  a  well-known  fact. 
The  mass  of  labor  legislation  on  our  statute  books  testifies  to 
its  truth.  Even  opponents  admit  it.  ''There  are  many  evi- 
dences," writes  one  who  represents  the  manufacturer's  point 
of  view  in  speaking  of  the  legislation  of  1913,  "that  organized 
labor  achieves  nearly  all  of  its  larger  purposes  in  Washington. 
Not  only  do  the  better  known  of  class  labor  measures  pass 
without  difficulty,  though  time  is  sometimes  required  for  the 
work.  Less  cor\spicuous  though  equally  significant  things  seem 
to  be  even  easier  of  accomplishment."  It  seems  certain  that 
there  are  possibilities  of  perfection  in  this  method  of  work  that 
are  yet  undeveloped. 

As  a  ne.xt  stage  lies  the  energetic  advocacy  of  some  of  the 


374    AN  IXTRODUCTION   lO  STUDY  OF  OROANTZKIJ  LABOR 

current  j)r()f^rissive  pDlitical   movements.     The  initiative,  the 
referendum,  tiie  recall  and  the  direct  primary  all  appeal  to  the 
unionist  as  potentially  strong  aids  in  ^ecurinK  lai)or  legislation. 
The  appeal   doubtless  lies   in  giving   through   these   means  a 
greater  effectiveness  to  numbers  and  in  checking  very  materially 
those  method.-,  of  control  which  are  so  commonly  associated 
with  the  party  convention  and  party  caucus  control  of  legisla- 
ti\e  and  administrative  officers.     Again  with  reference  to  the 
courts  they  appear  strongly  in  favor  of  the  judicial  recall,  the 
popular  election  of  judges  and  the  establishment  of  short  ju- 
dicial terms.     All  these  various  changes  appeal  to  the  laborer 
as  verv  strongly  in  his  interest  in  securing  the  legislation  he 
desires'  and  in  holding  in  check  legislative  proposals  to  which 
he  is  hostile.     That  further  advocacy  of  these  measures  will 
develop  would  seem  evident  from  the  fact  that  others  champion 
the  same  reforms  though  not  entirely  for  the  same  reasons. 
There  is  possible  a  union  of  forces,  and  this  would  not  be  so 
easilv  possible  in  the  case  of  a  separate  party  organization. 

Three  Obstacles  to  New  Labor  Party:  Tradition.  —  Be- 
hind all  this  lie  somewhat  obscure  yet  very  real  difficulties. 
There  are  three  obstacles  that  appear  in  the  way  of  a  new  labor 
party.  The  first  is  an  obstacle  that  confronts  any  such  move- 
ment. Tradition  has  led  us  to  speak  of  our  two-party  system 
and  our  third-party  movements.  The  three  or  four  such  party 
organizations  now  existing  are  all  referred  to  as  "third  parties." 
Ev^idently  Americans  have  adjusted  themselves  quite  generally 
to  the  idea  that  there  are  two  parties  and  severai  "  third  parties." 
A  new  labor  party  would  have  to  be,  for  a  while  at  least,  a  "  third 
party"  and  once  that  characterization  was  fastened  to  it,  it 
would  be  difficult  for  it  to  become  anything  else.  It  is  not  to 
be  overlooked  in  any  practical  reckoning. 

Complex  Modern  Party  Machinery.  —  Secondly,  there  is 
the  machinery  and  complexity  of  the  modern  political  party. 
This  takes  both  time  and  money  to  build  up.  Experience  and 
peculiar  abilities  of  leadership  are  not  only  requisite;  they  are 
rare.  The  funds  necessary  to  the  legitimate  work  of  a  modern 
political  party  would  be  quite  beyond  the  reach  of  the  labor 
unions,  burdened  as  they  necessarily  are  by  their  present  needs. 

rM  J  n^^u.-,,  T  ^«T^14>TT            T  octKr    I*-  miicf  l-»*i  rAmpmKprpH  flint'  to 
V.-1-a  i-ailj-  i.---ja".jr.     —  i^::.T'.:j  ,  - 

draw  a  voter  to  a  new  party  it  is  necessary  to  draw  him  from  an 


POLITIC -.L  LABOR  PARTY 


375 


old  party.  Party  affiliation  is  a  factor  to  be  reckoned  with. 
Party  leaders  have  acquired  great  skill  in  making  their  appeals. 
There  is  always  the  s{)ecial  form  of  ap[)eal  to  workingmen.  It 
is  too  well  known  to  need  more  than  parsing  reference,  ^'et  its 
etTcctiveness  cannot  be  overlooked.  Lal»orers  have  interests 
other  than  those  that  arise  within  the  narrow  limits  of  the  shop. 
Outside  this  sphere  they  do  not  all  think  alike.  It  is  a  task  of 
time  and  of  no  small  degree  of  difficulty  to  form  from  lal)orers  a 
group  of  voters  who  will  all  think  alike  politically,  and  who  will 
all  place  political  interest  subordinate  to  the  interests  of  their 
labor. 

Present  Tendency.  —  More  recent  developments  in  the  split 
of  unionism  into  the  tradeand  the  industrial  wings  are  significant. 
Industrialism  has  but  little  of  party  politics  connected  with  it. 
Revolutionary  industrialism  has  none.  Socialism,  on  the  other 
hand,  is  a  recognized  party  movement,  but  it  is  not  a  unionist 
movement.  Not  alone  is  it  broader  than  unionism;  it  is  more  in- 
clusive than  the  labor  movement  itself.  It  stands  for  the  im- 
provement of  society  directly,  though  dealing  with  labor  pri- 
marily. The  union  movement  is  not  so  broad.  (The  distinction 
will  be  suggested  though  not  fully  expressed  in  these  statements.) 
Because  of  this  distinction  and  because  the  socialist  party  comes 
in  from  the  outside  to  claim  labor's  vote,  it  must  meet  with 
opposition.  It  appears  in  this  light  as  a  competitor  with  the 
other  political  parties.  Trade  unionism  and  industrial  unionism 
occupy  the  middle  ground.  Revolutionary  industrialism  goes 
to  the  t  treme  against  all  political  action.  Socialism  points  to 
the  other  extreme;  to  political  action  for  social  revolution,  but 
through  agencies  not  primarily  '"unionist"  in  nature.  Trade 
unionism  has  for  the  present  taken  its  positive  stand  on  middle 
ground  between  these  two  extremes;  and  it  shows  no  significant 
signs  of  weakening  in  this  attitude. 

Taking  into  account  all  the  various  elements  in  the  situation 
it  appears  extremely  doubtful  that  a  political  labor  party  will 
appear  within  the  next  quarter  century,  even  if  it  be  admitted 
that  there  are  elements  that  tend  at  present  in  that  direction. 


■ill 


CHAPTER  XXIV 

LEGISLATION   VERSUS   COLLECTIVE  BARGAINING 

To  undursUind   the  attitude  of   trade-union  leaders  toward 
political  questions  involves  more  than  has  yet  been  presented  in 
these  pages.     It  has  been  shown  that  they  have  a  highly  devel- 
opi.d  system  for  securing  legislation;  that  by  its  means  they  have 
placed  upon  statute  books  a  large  number  of  labor  laws,  that 
there  are  always  present  among  them  some  who  are  strongly  in 
favor  of  more  definite  political  action  through  a  political  party 
of  laboring  men.    At  this  last  point  there  appears  a  radical  dif- 
ference of  opinion.     The  positive  stand  that  the  majority  has 
taken  against  such  action,  successfully  maintained  thus  far,  can 
continue  to  hold  its  following  only  by  securing  the  desired  re- 
sults in  some  other  way.    This  is  now  being  done  through  the 
adoi)tion  of  a  jmlicv  that  at  first  sight  may  appear  to  be  a  direct 
and  unaccountable  reversal  of  former  programs.    It  is  the  posi- 
tion that  advises  against  so  much  legislation  and  in  favor  of  more 
unionist  activitv;  against  aiming  to  secure  ends  by  means  of 
laws  and  in  favor  of  accomplishing  them  through  direct  negotia- 
tion and  agreement  with  employers.    The  explanation  of  this 
involves  a  long  story.    Though  live  with  interest  and  very  signif- 
icant in  all  of  its  details,  it  is  too  long  to  be  related  in  full  in  these 
pages.     It  can  only  be  indicated  in  outline.     It  is  the  story  of 
another  phase  of  labor  legislation,  the  side  that  does  not  always 
appear  in  statutes  now  in  force  among  the  laws  of  the  stales. 

Lessons  of  Early  Legislative  Experience.  —  An  early  hope 
of  the  American  laborer  was  a  shorter  day.  Slowly  through  the 
middle  of  the  last  century  the  hours  were  reduced  from  the  length 
which  custom  had  established  under  the  domestic  system  to  the 
..lore  regular,  uniform  and  somewhat  shorter  hours  adapted  to 
the  factory  system.  This  movement  was  not  rapid  enough  for 
the  more  impatient  among  leaders.  Political  action  was  popular 
,,,,,!  it.  :.;-!  v.va-  -^oueht.  Hours  of  labor  became  the  subject  of 
legislative  enactment.    In  New  York  as  early  as  1867  a  law  had 

376 


LKOISLATIOX  VKRSUS  COl.LECTIVK  BARf;Ar\I\f;     377 


been  enacted  declaring  that  "eight  hours  ot  lal;()r,  Ijetween  the 
rising  and  setting  of  the  sun,  shall  be  deemed  and  held  to  he  a 
legal  day's  work,  in  all  cases  of  labor  and  service  by  the  day, 
where  there  is  no  contract  or  agreement  to  the  contrary."  'I'he 
statute  further  provided,  however,  that  no  person  was  to  be 
"prevented  by  anything  herein  contained  from  working  as  many 
hours  overtime,  or  extra  work,  as  he  or  she  may  see  fit,  the  com- 
pensation to  be  agreed  upon  between  the  employer  and  em- 
ployee." The  law  was  applicable  to  mechanics  generally  as 
distinguished  from  agricultural  labor  and  service  "by  the  year, 
month  or  week."  In  1S70  it  was  further  provided  that  the  eight- 
hour  provision  should  apply  to  all  workmen  employed  by  the 
state  or  any  municipal  corporation  or  any  contractor  doing  pub- 
lic work.  Such  a  statute  is  the  expression  of  a  wish  for  an  eight- 
hour  day.  It  goes  no  further.  Of  course  it  is  evident  on  the  face 
of  it  that  the  weak  point  in  the  law  was  the  provision  by  which 
an  agreement  between  employer  and  employee  was  sulBcient 
to  set  aside  the  requirement  of  the  statute.  It  is  equally  obvious 
that  if  the  law  hacl  not  contained  such  a  provision  it  would  have 
been  held  unconstitutional  by  the  courts.  The  principles  here 
involved,  both  legal  and  industrial,  find  early  expression.  The 
clash  between  them  thus  early  resulted  in  favor  of  the  law  rather 
than  of  industry.     This  experience  been  repeated  many 

times.  Statutes  intended  to  adjust  w  relations  by  law  have 
been  disappointing  to  those  who  thougnt  the  way  would  be  so 
simple. 

Another  illustration  of  the  same  principle  is  found  in  the  expe- 
rience of  the  miners  of  Pennsylvania.  In  1875  a  law  w;i  passed 
to  regulate  the  weighing  of  coal  as  a  basis  of  wage  payments. 
It  provided  that  every  operator  should  weigh  the  coal  in  the  car 
as  it  came  from  the  mine  instead  of  waiting  until  it  had  been 
freed  from  slate  or  other  impurities.  This  should  be  done  in  all 
mines  where  payment  was  by  weight  instead  of  by  the  day. 
But  the  act  was  not  to  apply  in  case  a  contract  was  made  with 
the  miners  to  do  othe;;wise  than  was  provided  in  the  act.  The 
investigation  made  by  the  Anthracite  Coal  Strike  Commission, 
as  stated  in  its  report,  shows  that  the  law  had  never  been  of  any 
significance  as  a  factor  in  tixing  the  wage  bargain.  No  charge  of 
violating  the  law  could  be  made  to  rest  against  the  coal  operators, 


UV-\..UU3C    Ul    tllC    ^lOVUi^-'ll    4*A*w»»lA*f5    t-** 


_j7S     an   IMKODLCTION    lC)blll)\    (»l    ()K(..\\IZi:i)  I.AIiOK 

trad  with  mimrs  to  do  othtTwisr  than  the  law  rcciiiiml.  Siuh 
contratt  had  liffii  assunu'd  by  the  operators  to  l)e  a  part  of  the 
terms  of  employment.  The  court  had  not  lieen  ealh'd  upt)n  to 
consider  the  statute,  l)Ut  there  can  \>v  no  doubt  that,  had  (he 
law  been  passed  in  1S7S  without  this  sjieciul  contract  provision, 
it  would  not  have  been  upheld. 

Results  of  Early  Lessons.  —  Such  laws  a ;  these  the  laborers 
soon  learned  from  experience  were  of  no  real  value  to  them.  To 
allow  freedom  of  contract  to  agree  otherwise  meant  ijuite  uni- 
formly that  a  different  agreement  WDuld  be  made.  The  em- 
ployer':- superior  bargaining  advantage  led  to  the  practical 
annulment  of  this  kind  of  legislation.  All  possible  benefits  of  the 
laws  were  lost  to  the  workers  and  the  situation  remained  as  it 
was  at  'he  outset,  one  of  bargain,  [)ure  and  simple. 

Change  in  Policy.   -  The  realization  of  such  a  situation  led 
to  a  change  of  policy.    This  opined  a  new  era  and  led  to  a  new- 
line  of  legislation.     The  questi.-n  of  wage  payment  was  taken 
to  the  legislatures  for  regulation.      In   mines,   lumber  camps 
and  other  remote  places  employers  had  adopted  the  expedient 
of  the  company  store  as  a  convenient  means  of  scnuring  supplies 
for  laborers.     As  trade  with  these  stores  could  be  carried  on 
by  accounts  instead  of  cash,  the  companies  soon  found  that 
pay  orders,  or  scrip,  could  be  substituted  for  money.    Doubtless 
the   introduction   of   the  company   store  and   scrij)  payments 
met  a  real  need  of  these  communities  in  the  earlier  days.    Trans- 
portation  and   communication   were   ditTicult    and    expensi\e. 
'I'he  camps,  or  groups  of  workmen,  even  when  housed  with 
their   familie.",   were   very   much   isolated.     The   inducements 
for  individual  enterprise  were  not  great.    And  yet  the  situation 
was  essentially  monopolistic.     Competition  with  the  company 
stores  was  not  welcome.     Prices  and  terms  for  using  scrip  pay- 
ments were  regulated  solely  by  the  company.     Abuses  were 
charged  against   which   the  workmen  declared   their  inability 
to  protect  themselves.     As  the  centers  of  these  industries  be- 
came  more   easily   accessible   the   potential    competition    was 
checked  by  more  arbitrary  rules  made  by  the  companies.    Pay- 
ments were  made  only  in  scrip  and  the  scrip  was  good  only 
at  the  company  stores,  as  it  was  not  redeemed  at  par  if  presented 
throurfh   nnv  other  channel.    The  workmen  could  get  money 
only  by  discounting  the  scrip.      Employment  could  be  secured 


l.l.(.ISLAT'(»N   VlkSUS  COl.LIATIVi:   H\k(.\l\lM.      Jjy 

only  Upon  aK'ri'i-mrnt  toaiccpt  these  (ondit  ions  of  >. ni)  paynu-nt 
anci  willingness  to  trade  at  the  (ompany  stores.  Against  these 
(li^advanta^^eous  tonditioiis  the  orilv  hope  seemed  to  be  from 
the  leKislature.  Campai^;ns  were  or^'ani/ed  and  laws  seiured 
in  several  of  th.'  states  reKulatiiiK  or  prohibilinK  the  company 
store  and  the  use  of  s(  rij)  in  wa^c  payments. 

In  iSSo  such  a  law  was  taken  to  court  in  Maryland  and  was 
dee  hired  to  be  valid.  In  i^Sfj  a  law  for  a  similar  purpose  in 
Pennsylvania  was  declared  void.  Three  years  later  the  West 
Virginia  court  overthrew  a  law  in  that  state.  During  the  iu\l 
decade  Illinois,  Missouri  and  Kansas  had  passed  this  legislation 
and  in  each  case  it  was  held  by  l''f  courts  to  be  unconstitutional. 
In  1901  the  United  States  Supreme  Court  upheld  a  dcciMon 
supporting  a  law  which  the  Supreme  Court  of  Tennesset  had 
declared  valid.  Since  that  time  there  has  been  legislation  in 
a  number  of  states  dealing  with  scrip  payment  of  wages  and 
company  stores.  As  the  laws  now  stand,  the  employees  are 
fairly  w'ell  protected.  In  cases  where  scrip  may  be  used,  its 
use  is  guarded  by  requirements  for  redemption  at  p.ar  withm 
short  time  limits  and  for  interest  payments  if  not  redeemed  at 
an  early  date.  Company  stores,  where  allowed,  are  generally 
subject' to  penalties  for  charging  unfair  prices. 

Results  of  the  Change :  Two  Theories  Developed.   -  The 
effects  of   these  experiences  have  not   been  forgotten  by  the 
unionists.     The  legislation  to  which  courts  have  given  their  sanc- 
tion has  been  held  bv  them  to  rest  upon  the  inequality  of  bargani- 
ing  power  and  the  rieed  for  protection  to  the  laborer.     Runnmg 
Ihmugh  the  opinions  is  the  idea  that  the  laborers  are  lacking 
in  strength  -ind  need  the  assistance  of  the  government.     This 
patronizing  attitude  the  union  man  does  not  like.    On  the  other 
hand,  where  courts  have  held  the  laws  unconstitutional,  the 
reasoning  has  been  less  satisfactory.    The  laborers  were  regarded 
by  the  courts  as  citizens  in  the  full  meaning  of  the  term,  inde- 
pendent  to  choose  or  reject   working  conditions.     A  statute 
that  forbade  scrio  payment  was  regarded  by  the  courts  as  an 
infringement  not  onlv  on  the  freedom  of  contract  of  the  employer 
but  upon  that  of  the  employee  as  well.    Each  party  to  a  wage 
agreement  must  be  left  free  to  bargain  for  wages  and  conditions 
f'S  n.TvmeT-!t.     The  kind  of  interference  proposed  by  the  laws 
was  not  warranted  by  any  public  necessity  and  consequently 


380    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

was   an   unjustifiable   infringement   on   the   laborer's   right   to 
contract. 

If  leaders  have  disliked  the  former  line  of  reasoning  they 
have  disapproved  still  more  the  latter.  The  objections  to  the 
former  were  general,  if  not  theoretical.  To  the  latter  the  ob- 
jections are  practical  and  specific.  Conditions  left  the  freedom 
of  contract  quite  entirely  with  the  employer.  The  laborer  was 
free  to  accept  the  conditions  or  "seek  work  elsewhere,"  which 
generally  meant  go  without  work. 

Further  Application  of  the  Principle.  —  This  principle  was 
applied  in  other  lines  of  legislation  also  and  with  results  that 
were  essentially  the  same.  Either  the  laws  were  upheld  by  a 
reasoning  that  placed  the  laborer  in  an  undesirable  position 
of  dependence  or  they  were  declared  void  on  the  grounds  that 
they  interfered  with  freedom  of  contract  and  with  the  liberty 
of  the  workman. 

Joining  the  results  of  these  two  stages  of  development,  it 
has  appeared  that  if  statutes  are  framed  with  a  provision  that 
by  agreement  their  provisions  may  be  set  aside,  they  amount 
to  nothing.  If  such  a  provision  is  not  included,  then  the  laborer 
becomes  in  some  sense  a  ward  of  the  state  or  he  is  dep /ived  of 
the  advantage  of  the  law  in  the  interest  of  his  freedom  of  con- 
tract. 

EfTorts  to  regulate  hours  of  labor  in  dangerous  trades,  in 
mines  and  smelters,  on  railroads  and  on  public  work  have  all 
had  varied  results  in  different  court  jurisdictions.  Again,  special 
trades  have  appealed  to  law-making  bodies  for  protection. 
Barbers  wanted  Sunday  closing  and  a  shorter  '''ly.  These 
were  secured  by  law  and  were  brought  tn  court  for  the  constitu- 
tionality test.  The  courts  of  New  York,  Georgia,  California, 
Illinois  and  the  United  States  Supreme  Court  were  scenes  of 
trial  in  which  important  principles  were  discussed.  In  Cali- 
fornia and  Illinois  freedom  of  contract  was  asserted  to  be  un- 
warrantably violated.  The  barber  should  not  be  restricted 
from  entering  into  an  agreement  to  work  on  Sunday  if  he  chose 
to  do  so.  In  New  York  and  in  the  United  States  Supreme 
Court  the  laws  were  upheld  as  a  valid  exercise  of  legislative 
police  power.  The  one  day  rest  in  seven  is  a  rule  liiat,  in  the 
opinion  of  these  courts,  is  recognized  throughout  the  whole 
civilized  world  as   necessary   to  physical   and   moral   welfare. 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING      381 


The  application  of  thi2  rule  to  the  trade  in  question  is  but  a 
recognition  on  the  part  of  the  legisla..ure  of  its  need.  Here 
again  is  essentially  the  same  two  conflicting  principles  forcing 
the  unionists  to  the  disagreeable  necessity  of  choosing  between 
them  when  neither  is  acceptable. 

Further  than  this  stage,  the  developments  of  legislation  have 
been  carried  in  the  direction  of  restriction  of  hours  of  labor 
for  women  and  the  establishment  of  a  legal  minimum  wage. 
Laws  that  regulate  the  hours  of  labor  for  women,  after  the 
defeat  in  Illinois  in  1895,  have  now  been  very  generally  accepted. 
The  principle  of  such  regulation  may  be  said  to  be  legally  estab- 
hshed,  Illinois  in  1910  having  reversed  its  former  decision. 
It  rests  upon  the  fact  that  women  are  of  necessity  hindicapped 
in  the  struggle  that  goes  with  wage  bargaining  and  that  laws  are 
necessary  to  equalize  bargaining  power  so  that  workdays  may 
be  kept  within  the  limits  that  physical  welfare  and  the  health 
of  coming  generations  have  established.  Minimum  wage  legis- 
lation has  been  enacted  but  recently,  and  the  courts  have  not 
yet  finally  passed  upon  it.  If  it  is  overthrown  it  will  probably 
be  upon  the  ground  that  public  necessity  does  not  call  for  so 
radical  an  interference  with  freedom  of  contract.  If  supported 
it  ■.v'ill  prr'.ably  be  as  a  social  necessity,  both  for  better  bargain- 
ing conditions  on  wages  and  better  health  conditions  made 
possible  by  a  minimum  living  standard. 

Experience  brings  Reaction.  —  Such  an  outline  review  of 
legislation  as  a  means  of  protection  for  bargaining  over  labor 
conditions  will  be  sufficient  to  suggest  how  trade  unionists 
feel  toward  an  unlimited  program  of  legislation.  They  are 
beginning  to  draw  rather  sharp  lines  of  limitation.  More  re- 
cently some  very  outspoken  statements  have  been  heard  against 
placing  so  much  reliance  in  legislation.  It  is  now  found  expressed 
in  the  issue:  legislation  versus  unionism;  or,  legislative  depend- 
ence versus  strength  in  bargaining  power.  This  distinction  is 
becoming  more  clearly  marked.  As  a  result  leaders  who  formerly 
urged  strongly  in  favor  of  going  to  the  legislature  to  "demand" 
their  rights  now  raise  their  voices  against  such  a  policy.  Laws 
wiped  out  and  court  opinions  uniavorahle  have  brought  about 
a  reaction.  The  keynote  of  the  newer  policy  is  that  unionism 
must  do  for  itself  through  its  own  strength  in  bargaining  what 
it  wishes  to  have  done  toward  a  satisfactory  wage  agreement. 


382    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Unionism  must  strengthen  itself  not  politically  but  economically 
Wage  bargaining  must  be  backed  by  stronger  and  more  general 
organization.    When  this  is  accomplished  there  will  be  no  one 
to  declare  the  agreement  un    institutional.    The  employer  must 
meet  labor's  terms  because  labor  is  economically  strong  enough 
to  compel  him.    He  will  live  up  to  the  agreements  for  the  same 
reason.     The  result  of  this  change  of  attitude  is  a  renewed 
energy  in  the  campaign  for  organization,  for  by  this  means 
will  it  be  possible  to  act  independently  of  legislatures.    Union- 
ism should  not  have  any  of  its  economic  activities  "chained 
to  the  police  power  of  the  state,"  declares  the  president  of  the 
Cigar  Makers  Union.    Comparing  eight  hours  by  law  and  eight 
hours  by  unionism,  he  shows  what  his  organization  has  accom- 
plished    Through  the  efforts  of  the  union  an  eight-hour  day 
was  established  as  early  as  1886.    If  the  attempt  had  been  made 
to  secu-  this  through  legislation,  failure  would  almost  certainly 
have  been  the  result.    With  this  shorter  day  has  come  lower 
death  rate  and  less  disease,  greater  earning  capacity  and  more 
happiness.     All   this,   it   is  asserted,   has  been  accomplished 
"without  being  bound,  gagged,  and  delivered  to  the  state. 

When  the  proposition  of  a  legal  minimum  wage  is  advanced 
these  leaders  openly  and  positively  reject  it.    Laws  niade  for 
this  purpose  lead  to  commissions  to  adjust  wage  scales.     On 
these  commissions  the  laborers  are  not  fairly  represented.    Even 
when  a  union  man  is  appointed  on  a  commission,  he  represents 
the  state.    This  is  true  also  of  employers.    They  are  both  state 
representatives.    "  If  the  workers  on  wage  boards  are  appointed 
by  the  state,  or  for  that  matter  if  the  employers  are  appointed 
in  the  same  way,  then  neither  the  workers  or  the  employers 
in  the  trade  are  represented  on  the  board.  ...  The  board 
represents  the  state."     The  inference  is  that  the  conclusions 
reached  must  be  political  rather  than  industrial.    This  chain 
of  consequences  is  followed  one  link  further  and  it  is  asserted 
that  even   the  unions   themselves,  subject    to  state-adjusted 
wages,  must  become  state  unions.    "  We  have  in  fact  a  practical 
assurance  in  all  minimum  wage  statutes  that  the  wages  boards 
are  the  forerunners  of  state-made  unions."    The  wage  adopted 
is  usually,  if  not  alwavs.  a  compromise.    It  is  made  for  them 
and  not  by  them.    This  the  unionists  do  not  want.    They 
r^.v. -..-..-.==  *.".  QtrfntJthpn  their  oreanization  and  assert  their  own 


LKGISLATION  VERSUS  COLLIXTIVE  BARGAIN  I  Nd     ;iSi 

demands,  and  if  a  compromise  is  necessary  it  will  be  one  of 
their  own  making.  More  than  this,  a  union  minimum  wage 
is  but  temporary.  It  must  be  ever  pushed  upward.  Legal 
standards  become  relatively  more  permanent.  For  this  reason 
again  they  are  objectionable. 

When  unskilled  workers  "organize  and  demand  increases 
they  secure  higher  rates  than  wages  boards  have  yet  attained. 
When  a  union  in  the  course  of  bargainu.g  agrees  to  a  minimum 
wage  it  is  usually  the  maximum  or  near  it  that  is  paid  in  the 
trade.  It  is  the  business  of  trade  unions  in  fact  never  to  a^rce 
to  the  actual  minimum  which  prevails  in  a  trade  which  is  un- 
organized or  partly  unorganized,  even  if  in  defeat  it  ultimately 
accepts  it." 

Even  in  cases  of  legal  minimum  wages  for  women,  there  are 
those  who  urge  that  the  policy  is  a  wrong  one.  Its  justification, 
based  on  the  fact  that  women  are  difficult  to  organize,  does 
not  appear  to  be  valid.  If  difficult  to  organize,  then  greater 
etTorts  at  organization  should  be  made.  If  weak,  even  when 
brought  together  into  unions,  then  the  strong  unions  should 
lend  the  hand  of  support.  The  state  should  not  be  arbiter 
even  in  this  line  of  wage  fixing. 

Securing  wage  scales  in  this  manner,  it  is  insisted  by  union 
labor's  representatives,  meets  the  opposition  of  unionism  be- 
cause it  is  not  in  accord  with  union  methods.  "The  method 
of  the  true  union  is  to  bargain,"  they  declare.  "The  function 
of  all  labor  unions,  trade,  industrial,  radical  or  conservative, 
is  to  act  as  a  driving  force  in  the  economic  world  in  the  interests 
of  labor,  and  to  determine  the  cost  and  direction  of  labor.  .  .  . 
No  bargainer  ever  entered  the  field  of  bargaining  with  the 
announcement  to  all  possible  buyers  what  the  lowest  price  is 
at  which  he  will  sell." 

Growing  Sentiment  for  Union  Bargaining.  —  This  attitude 
is  more  and  more  emphasized.  The  latest  utterance  at  this 
time  is  that  of  the  Executive  Council  of  the  American  Federation 
in  its  report  to  the  convention  of  1915.  Here  again  protest  is 
raised  against  the  philanthropic  character  of  many  of  the  efforts 
to  improve  the  industrial  condition  of  women.  They  insist 
that  their  industrial  problems  are  in  no  wise  different  from 
those  of  men.  "Industrial  welfare  cannot  be  worked  out  on  a 
sex  basis."     The  welfare  of  waee  earners  in  industrial  work 


384    AX  INTRODUCTION  TO  STUDY  OF  ORGAXIZKD  1 ABOR 

must  be  "bastv!  upon  fundamental  principles  which  conserve 
human  welfare  and  protect  and  develop  all.  These  principles 
in  nowise  differ  as  between  men  and  women."  In  order  that 
these  principles  may  be  worked  out  and  applied,  the  women,  as 
the  men,  do  not  need  "charity,"  "uplift  work,"  "social  clubs 
and  social  centers."  They  need  organization  that  will  enable 
them,  as  the  men,  to  maintain  a  wage  scale  that  will  make  pos- 
sible a  proper  standard  of  living. 

Following  the  same  line  of  discussion,  the  report  states  that 
"the  trade-union  movement  has  opposed  the  regulation  of  work- 
ing conditions,  hours  of  work  and  wages  for  men  in  private  in- 
dustry by  law  or  by  political  agents.  Where  equality  between 
men  and  women  is  established,  the  endorsement  of  this  principle 
for  women  becomes  also  a  very  serious  menace  to  the  liberty  of 
the  men  wage  earners.  Any  legislation  that  bestows  upon 
political  agents  the  right  to  control  industrial  relations  in  private 
industries  becomes  a  serious  menace  and  infringement  upon  the 
rights  of  free  workers."  Any  theory  that  would  b'-stow  "upon 
the  state  the  right  to  control  and  regulate  indi  relations" 

would  establish  "a  sort  of  political  paternalism  1  .  i..'ght  secure 
sole  advantages  for  the  wage  earners,  but  would  deprive  them 
of  their  real  freedom."  "Since  men  and  women  now  work  on 
equality  in  industry,  it  is  becoming  daily  more  apparent  that 
the  paternalistic  policy  cannot  be  adopted  in  the  case  of  women 
without  danger  to  men." 

Limits  to  the  Reaction.  —  Such  statements  should  not  be 
interpreted  as  meaning  that  unionism,  trade  unionism  more 
particularly,  is  about  to  abandon  its  policy  of  shaping  legisla- 
tion so  far  as  possible  to  its  own  ends.  There  is  a  relative  im- 
portance as  between  the  two  methods,  the  one  political  and 
the  other  industrial,  and  the  greater  emphasis  is  being  placed 
more  prominently  on  the  latter.  Speaking  somewhat  along 
this  same  line  the  president  of  the  American  Federation  of 
Labor  has  said  editorially:  "The  problems  to  be  solved  and 
the  forces  that  will  be  effective  are  economic  —  hence  the  wis- 
dom of  the  iiolicy  that  the  A.  F.  of  L.  has  steadfastly  pursued. 
There  have  been  many  other  advisers,  some  sincere,  others 
actuated  by  ulterior  purposes,  who  have  advised  their  wage- 
earners  to  put  their  faith  in  the  ballot  and  to  'go  to  Congress.' 
But  politics  is  concerned  with  providing  opportunities,  main- 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING      385 

taining  the  rif^hl  to  activities,  establishing  ways  and  means  by 
which  things  can  be  done  —  politics  docs  not  enter  directly  and 
intimately  into  industrial  relations.  Politics  is  a  secondary  force 
in  industrial  afTairs.  .  .  .  The  center  of  power  has  shifted 
from  politics  and  government  to  industry  and  commerce.  .   .  . 

"Of  course  labor  will  'go  10  Con^rress,'  but  it  will  be  for  the 
I)urpose  of  securing  the  largest  degree  of  freedom  to  exercise 
the  necessary  normal  activities  of  the  workers  for  economic 
betterment;  for  the  constructive  work  which  the  government 
alone  can  enact;  and  to  voice  the  new  demand  for  Labor's  com- 
plete disenthrallment  from  every  form  and  fact  of  unfreedom 
and  inequality  before  the  law." 

'"The  best  law  made,"  it  is  insisted,  "is  made  by  labor  itself." 
In  evidence  of  this  it  is  pointed  out  that  the  building  trades 
have  an  eight-hour  "law,"  and  they  do  not  have  to  go  before 
a  court  to  ask  its  constitutionality.  The  best  labor  laws  are 
made  in  the  union,  not  in  the  legislature.  "There  are  two 
methods  for  securing  for  workers  wages  and  working  conditions 
in  accord  with  ideals  of  justice:  one,  to  place  upon  the  workers 
themselves  initiative  and  responsibility  for  working  out  their 
own  welfare;  the  other,  to  pLu  c  initiative  and  responsibility 
in  some  outside  agency  either  private  or  governmental.  The 
first  method  is  based  upon  democratic  principles,  the  other 
upon  paternalistic." 

President  Gompers  insists  that  women  must  have  the  ballot 
as  a  matter  of  justice  to  them.  They  cannot  without  it  assume 
equal  rights  with  free  men  in  the  struggles  of  life.  At  the  same 
time  this  political  power  is  not  the  prime  requisite.  "Indus- 
trial freedom  must  be  fought  out  on  the  industrial  field.  It 
will  be  achieved  when  wage-earning  women  hold  in  their  own 
hands  the  right  a, id  the  power  to  participate  in  determining 
the  conditions  under  which  they  shall  work  and  the  wages  they 
shall  receive.  They  can  delegate  this  power  to  no  outside  au- 
thority if  they  wish  industrial  freedom.  Industrial  freedom  is 
not  a  sex  problem:  it  is  a  human  problem.  The  same  principles 
apply  to  men  and  women  alike."  To  secure  such  results  or- 
ganization is  essential.  Organization  and  self-assertion  through 
organization  is  the  gospel  preached  by  this  experienced  labor 
leader.  The  movement  must  be  "real  and  candid;  it  must  not 
cuiOVv    iiScii    lo   uc   3UiiijCa,Lcu   ui    LicviUi.ii/,cu    by    iilvuilL^e^   uuii 


VSO    AN  INTROUUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

pink-tea  imitations  that  have  so  long  kept  women  from  healthy, 
vine  living  "    Further,  in  much  the  same  stram,  women  workers 
are  warned  against  those  who  profit  by  exploiting  the  labor 
of  women  and  at  the  same  time  offer  substitutes  for  the  trade- 
union  movement;  as  "welfare  work,   vocational  associations, 
and  other  charitable  or  semi-charitable  institutions,     in  the 
name  of  the  "usable  tradition  of  the  economic  dependence  of 
women  "     The  trade-union  moxjment  is  the  one  great  move- 
ment that  "offers  women  the  opportunity  to  secure  freedom  as 
well  as  industrial  protection." 

With  this  very  positive  note  of  independence  which  must  be 
regarded  as  applicable  to  legislative  protection  as  well,  may  be 
placed  the  action  of  the  last  convention  of  the  National  Women  s 
Trade  Union  League.     A  very  comprehensive  legislative  pro- 
gram was  outlined  in  the  report  of  the  legislative  committee. 
It  included  most  of  the  details  that  go  to  make  up  the  wage 
contract;  the  eight-hour  law,  one  day  rest  in  seven,  elimination 
of  night  work,  weekly  payment  of  wages,  and  minimum  wage 
commissions  to  establish  wage  boards  for  each  industry,  having 
an  equal  representation  of  employers  and  workers  and  represen- 
tatives from  the  public.    This  last  proposal  was  discussed  at 
length.     The  final  vote  e.xpressed  the  determination  of  the 
convention  to  include  the  minimum  wage  provision  in  the  legis- 
lative program.     There  was    but   one  dissentmg   vote.     The 
Consumers'  League  is  another  organization  that  is  greatly  in- 
terested  in    legislation    for   women    workers.    The   American 
Association  for  Labor  Legislation,  as  its  name  implies,  is  doing 
much  in  pushing  legislative  programs. 

Summary.  —  Whether  or  not   the   strong  influence  of   or- 
ganized labor  will  be  thrown  on  the  side  of  these  efforts  is  not 
yet  fully  revealed  by  this  changing  attitude.    The  situation  is 
such  that  it  cannot  much  longer  remain  in  doubt.     Should  all 
these  organizations  cooperate,  the  influence  will  be  quite  irre- 
sistible.   An  increasing  amount  of  labor  legislation  may  con- 
fidently be  expected.    Should  labor  direct  its  efforts  only  along 
lines  that  prepare  the  way  for  greater  bargaining  strength, 
such  as  anti-injunction  laws,  freedom  from  anti-trust  laws,  for 
example,  the  situation  will  be  changed.     It  not  only  would 
........  f.-.  -..J.-.-."..-p.t(-  mp.nv  nractical  measures  which  it  is  now 

undersrood^o  support,  'it  would  cease  to  cooperate  with  such 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING     387 


associations  as  those  just  named.  Such  an  attitude  would  be 
quickly  seized  by  the  opponents  of  these  measures  and  con- 
strued into  arguments.  Labor  itself,  it  would  be  urgei),  does 
not  want  such  laws.  It  is  extremely  doubtful  if  much  i  gisla- 
tion  now  regarded  as  very  desirable  as  social  legislation  could 
be  enacted  in  face  of  such  opposition.  The  situation  at  present 
is  interesting  because  of  this  uncertainty.  Much  depends  upon 
the  extent  to  which  organized  labor  will  go  in  the  next  few  years 
in  placing  insistence  upon  union  collective  bargaining  as  a 
substitute  for  legislation. 


PART  V 
TRANSITION.\L  STAGES 


f 


CHAPTER    XXV 
TRADE-UNION  JURISDICTION 


A  source  of  friction  well  known  tn  union  men  and  their  em- 
ployers and  little  heard  of  outside  of  industrial  circles  is  dis- 
agreement over  jurisdiction.  What  is  known  as  the  jurisdic- 
tional dispute  has  in  modern  times  come  to  be  a  serious  cause 
of  trouble.  Not  only  does  it  lead  to  strikes,  particularly  sym- 
pathetic strikes,  but  it  causes  rivalry-,  antagonism  and  open 
fighting  between  locals  and  even  between  nationals  that  results 
in  great  confusion  among  employers  who  are  willing  to  concede 
a  large  measure  of  collective  bargaining. 

Jurisdictional  control  may  be  of  at  least  two  kinds.  One  has 
to  do  with  geographical  limits;  the  other  with  trade  or  craft 
activity.  Of  the  two,  the  latter  is  by  far  the  more  complex  and 
troublesome. 

Territorial  Jurisdictional  Disputes.  —  Territorial  jurisdic- 
tional disputes  come  naturally  from  the  growth  of  unions  and  the 
absorption  of  locals  into  nationals.  As  this  concentration  of  or- 
ganization has  progressed,  disputes  of  this  nature  have  grown 
steadily  of  less  importance.  The  presence  of  organizers  in  the 
field  as  national  officers  makes  it  still  more  rare  for  disputes  to 
arise  between  locals  of  the  same  trade.  These  organizers  form 
the  locals  and  bring  them  into  the  union.  Naturally  the  locals 
look  to  the  nationals  as  their  creators,  the  source  of  their  au- 
thority. The  national  constitution  fixes  jurisdictional  responsi- 
bility and  control  and  in  questions  of  interpretation  the  national 
officials  are  judges.  Trouble  of  this  kind  is  avoided  by  the  na- 
tionals through  regulations  noted  in  a  former  chapter.  The 
consent  of  existing  locals  must  be  secured  when  new  ones  are 
proposed  where  there  is  a  prospect  that  trouble  may  arise.  It 
is  a  general  rule  that  locals  appl>ing  for  membership  in  the 
nationals  will  have  their  territory  very  clearly  defined. 
Eariy  Locals.  —  Much  trouble  developed  in  the  earlier  period 


uccauac   xtjcaia   apiang  ujj 


391 


i^l^ 


AN  i\  I  K(>i)i(  ri(»N  H)  sri  i)v  OF  ()k(,.\\i/.r.i)  labor 


sion  cNtcmlcl  lluir  ( laims  of  territorial  jurisdiction  until  they 
came  into  (.Milli(  I .  Ti..'  Cranitc  ("uttrrs,  lor  example,  oriKinally 
planiUMl  to  limit  th.  ir  control  to  New  KuKland.  Locals  of 
granite  cutler>  appeared,  however,  in  neij;hl)orin«  states  and 
ask'd  lor  ( barters.  Canadian  locals  also  became  api)licants. 
Rather  than  -ee  two  or  more  independent  nationals  with  doubt 
ful  permanency  of  territorial  boundario,  it  was  decided  to 
depart  from  ttie  original  plans.  The  applying  locals  were  ad- 
milted  to  membership,  and  the  union  became  an  inlcrnational. 
.\n  incident  is  recorded  thai  has  its  amusing  side  though  all 
the  elements  of  serious  trouble  weri'  present.  \  railroad  was 
building  a  tunnel  which  be<;an  in  the  jurisdiction  of  one  local 
and  ended  in  that  of  another.  One  set  of  workmen  belonging 
It.  one  of  the  locals  comi)leted  the  work.  The  oflicers  of  the 
local  whose  jurisdiction  had  been  invaded  presented  to  the 
intruding  local  a  demand  for  initiation  fees  and  dues  from  the 
intruders.  This  was  a  (juarter  of  a  century  auo  and  throws  an 
interesting  liizht  upon  the  conditions  of  the  day. 

Growth  of  Nationals.  -  Though  much  of  the  possible  friction 
has  been  removed  by  the  growth  of  the  more  powerful  nationals 
and  the  atldiation  of  so  many  of  them  into  a  national  federation, 
sources  of  friction  still  remain.     Some  workmen  are  opposed 
to  yielding  control  to  a  central  authority.     These  may  form 
an  independent   society.     Its  existence  can  hardly  escape  the 
vigilant   observation  of  the  officials  of  the  national  union  of 
the  trade.     If  the  independ'-^ts  -      i-t  in  s'^-nding  out  against 
all  inducements  to  join  the  national  movement,  it  is  cjuite  likely 
that  means  will  be  found  for  forming  a  rival  local  of  members 
that  are  not  opposed  to  nationalism.     Thus  two  local  bodies 
will  dispute  for  jurisdiction  in  that  locality,  to  the  serious  em- 
barrassment of  even  kindly  disposed  employers  as  well  as  the 
confusion  of  the  public  mind.     In  some  cases  the  discipline  of 
the  national  may  be  too  rigorous.    Either  suspension  or  secession 
may  be  the  result.    In  other  cases  ambitious  local  leaders  may 
build  up  a  following  and,  failing  to  secure  the  recognition  that 
they  think  they  merit,  may  head  a  secessioi.  movement.    Almost 
inevilablv  the  n'".ional  will  seek  to  repair  its  loss  by  building 
up  another  loca,  and  affdiating  it.     This  again  will  give  rise 
to  controversv  over  territorial  jurisdiction. 

It  does  not  always  happen  that  an  mdependent  movement 


TRADI  -INION  JIRISDICTION 


.V).^ 


or  a  scrcs-;i(in  movement   will  \>v  rtstridfii  to  locil  territory. 
ThiTf  arc   rivals  for   national   territorial   jurisdiition   as  well. 
These  re>iill    from  an  inability  of  either  to  summon  enough 
streiiKlh  to  liring  llie  other  to  term>.      I'here  have  been  two 
ass(K-iatio^•^  of  earpenters,  the  .XtTialgamated  Soeiel\-  of  Curpen- 
ltr>  and     >m,ers  having  a  membership  of  about    10,000  with 
iua.kiuarters  in    New   York,  and   the   United    ISrotherhood   of 
(■ar{)enters  and  Joiners  of  .\meriea  with  over  200,000  members 
and  national  ofTices  in  Indianapolis.     The  last    named  belongs 
to  the  .Xmerican  Federation  of  Labor,  the  (barter  of  the  former 
having  been  revoked  in  u)i2.     Kleclrical  worker--  have  two  or- 
ganizations.    Kach  one  is  known  a>  the  International  Ikother- 
hood  of  Klectrieal  Workers.     Kach  has  central  otlkes  in  Spring- 
held.  Illinois.     The  membership  of  lhe.se  two  is  about  the  same, 
though  only  one  belongs  to  the  American   Federation.     Such 
instances  as  these  show  the  possibiliiv  of  trouble  over  national 
territorial   jurisdiction.     The  preponderating  intluence  of   the 
American  Federation  of  Labor  and  its  policy  to  issue  charters 
to  but  one  of  two  or  more  applicants  that  may  be  in  territorial 
rivalry  make  this  type  of  jurisdictional  dispute  less  likely  to 

arise.  .         ,  .     .   ,• 

Trade  Jurisdictional  Disputes.  —  The  question  of  junsdic- 
tion  over  trade  or  craft  is  far  more  important  as  it  causes  much 
more  trouble  and  is  far  more  difficult  of  adjustment.  On  the  sur- 
face it  would  seem  a  very  simi)le  thing.  Carpenters  may  rightly 
e.xercise  jurisdiction  over  all  carpenter  work,  and  a  union  man 
belongin?  to  a  mason's  union  cannot  dispute  the  claim  with 
hhu.  ^:o  a  boct  ai.i'  'je  maker  insists  upon  a  difference  be- 
tween his  work  and  that  of  garment  making.  The  jurisdictions 
are  clear  and  each  recognizes  the  claims  of  the  other.  Rival 
unions  may  e.xist,  to  be  sure,  each  claiming  the  right  to  represent 
unionism  in  garment  making  or  in  shoe  making.  A  struggle  of 
this  nature  is  of  course  one  of  jurisdictional  control  but  not 
the  kind  of  strife  that  is  causing  most  trouble  in  modern  in- 

dustrv. 

Changing  Trade  Lines.  —  Division  and  subdivision  of  labor, 
e.xtensive  use  of  machinery,  changing  methods  of  w^ork,  sub- 
stitution of  materials;  all  these  exercise  a  constant  influence 
upon  conventional  craft  lines.     Eighteenth  century    'trades" 
.  1 I I  :„„i.,^;,.„  ..ritv,  ,-it.nr  rut  iliviflincr  lines.    Those 


304    AN-  INTRODrt-nON   TO  STUDY  0»-  f)K(.ANI/J.n  l.AROR 

c.f  the  twcnlicth  centurv  arr  so  narrowed  l,y  the  changes  of 
modern  industry  as  to  be  hardly  recoRnLable  by  comparison. 
In  the  eighteenth-ccnturv  sense  of  the  word  there  are  but  few 
'■  trades"  now.  To  maintain  jurisdiction  in  the  midst  ot  these 
changes  has  caused  great  confusion  and  great  embarrassment 
l(.  the  progress  of  the  trade-union  movement. 

Confusion  and  Complexity.  -  Though  simple  to  see  so  far 
as  facts  are  concerned,  the  situation  is  not  easy  to  comprehend. 
A  solution  seems  baffling  at  present.     If  a  roof  is  to  be  put  on 
a  buildin-    the  material  will  lie  in  dilTerent  jurisdictions.     If 
shingle,   i'^   belongs   to  the  carpenters,  presumably      blate  or 
tile  would  bring  in  the  International  Slate  and      le  Roofers 
Union  of  .\merica.     A  composition  material  would  give-  rise 
to  jurisdiction  claims  on  the  part  of  the  Brotherhood  o    Com- 
position Roofers.     Laths  in  the  past  have  been  put  on  oy  car- 
penters.    But  for  metal  lath  there  is  the  Broi..erhood  of  Metal 
Workers      Hut  all  lathing  work  is  claimed  by  the  Wood  Wire 
and  Metal  Lathers  International  I  Von.     With  the  extension 
of  electric  transportation,  car  drivers  have  become  motormcn. 
Stepm  railroads  have  established  electric  power  and  use  their 
engi'neers  on  the  electric  engines.    This  opens  a  way  for  trouble 
between  the  .Association  of  Street  an<l  Electric  Railway  Lmpby- 
ecs  and    the   Brotherhood   of   Locomotive   Engineers.     When 
imitation  marl)le  or  marbleithic  tile  is  to  be         there  are  the 
claims  of   the  Plasterers  International  Asfoc     aou,  the   intei- 
national    Association    of    Marble   Workers   and    the   Ceramic 
Mosaic  and  Encaustic  Tile  Layers  and  Helpers  Internationa 
Uni'Mi       Metal   doors   and   metal   casings,   known   as    -metal 
trim"  is  being  used  in  tire-proof  construction.    Both  carpenters 
and  ^heet  metal  workers  claim  this  work  as  bein„  within  their 
respective  jurisdictions.     Pneun.atic   tubes,   such  as  speaking 
tubes    delivery  tubes  and  such,  are  coming  into  more  general 
use      This  kind  of  work  has  led  to  trouble  between  plumbers 
•md  gas  fitter=      '     ^  introduction  of  the  linot>TDe  raised  an 
issue  between  the    prmter   and    the  machinist.     An  operator 
of  a  linotype  und.T  union  rules  could  not  repair  the  machine 
he  operated.     It  was  not  clear  whether  selling  meat  in  a  meat 
market  was  work  that  belonged  to  the  jurisdiction  of  the  Broth- 
erhood of  Butcher  Workmen  of  America  or  to  that  of  the  Retail 
Clerks  International  Protective  Association. 


TRAnE-UNION-  JURISDICTION 


395 


These  random  illustrations  show  the  complexity  of  junsdic- 
ti.)nal  .lispules.  When  there  is  the  work  of  employmR  nany 
trades  on  one  job  the  situation  becomes  a  ^^^V^'^'''J^}'f'- 
This  has  l)een  woven  into  a  brief  description  by  Dr.  Whitney 
that  is  well  worth  quoting  in  full.     A  large  modern  tire-proof 

building  is  to  be  erected.  ,  -n  j  .  u.r 

"The  work  of  excavation,  requiring  mainly  unskilled  labor, 
is  claimed  by  the  HckI  Carriers  and  Building  Laborers  Lnion, 
and  exrept  where  the  excavation  is  so  deep  that  a  hoisting  en- 
gine' or  other  machine  is  needed  to  bring  up  the  dirt,  it  may  be 
regarded  as  conceded  to  this  union.    If  the  foundation  walls  are 
built  of  stone,  they  will  be  claimed  bj-  the  stonemasons,  who  are 
a  part  of  the  Bricklayers  and  Masons  Union,  since  the  jurisdic- 
tion claimed  by  this  union  covers  the  setting  of  all  stcne.    If  the 
foundation  had  been  of  brick,  the  work  would  have  been  con- 
trolled by  the  same  national  union.    If  the  foundation  had  bee-n 
of  concrete,  the  Cement  Workers  wuuld  have  laid  claim  to  the 
work,  while  the  Bricklayers  and  Ma>ons  Union  would  also  have 
been  likely  to  demand  control  of  it,  on  the  ground  that  the  con- 
crete was  being  used  as  substitute  for  brick  or  stone. 

"The  framework  of  the  building,  being  of  structural  st.-el  and 
iron,  will  be  conceded  to  the  Bridge  and  Structural  Iron  W  orkers 
Union     For  the  outside  walls,  if  granite  is  used,  the  stone  must 
be  cut  by  the  Granite  Cutters,  who  have  exclusive  jurisdiction 
over  the  cutting  of  that  material.    If  a  sandstone  or  any  stone 
softer  than  granite   is  used,   the  Journeymen   Stone   Cutters 
\ssociation  will  control  the  cutting,  though  this  may  be  contested 
in  some  cases  by  the  stonemasons,  who  claim  that  very  often  it 
is  necessarj-,  or  at  least  expedient,  for  them  to  cut  stone  m  con- 
nection with  setting  it.    On  the  other  hand   the  Stone  Cutters 
may  claim  the  placing  of  the  stone  in  the  wall  on  the  score  that 
the  setting  of  stone  is  a  branch  of  the  stone  cutter  s  art,  but  gen- 
erally stone  setting  is  yielded  to  the  masons. 

"The  roof,  if  made  of  composition,  slag,  or  other  roofing  mate- 
rial such  as  asphalt  and  gravel,  will  be  built  under  the  ,  ontrol 
of  the  Composition  Roofers,  who  have  jurisdiction  oyer  the 
placing  of  this  roofing  material;  if  the  roof  is  of  slate  or  ti  e  it  is 
conceded  to  the  Slate  and  Tile  Roofers.  The  floors  are  likely  to 
be  of  reinforced  concrete.  In  that  case  the  Carpenters  nuU 
claim  the  building  of  all  molds  and  forni>i  the  mixing  and  the 


396    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

handling  of  the  concrete  will  be  demanded  by  both  the  Cement 
Workers  and  the  Hod  Carriers,  while  the  Bricklayers  will  con- 
tend that  such  work  ought  to  be  done  under  the  direction  of  a 
bricklayer  foreman.  Finally,  the  metal  sheathing  which  forms 
the  basis  for  the  concrete  is  claimed  both  by  the  Lathers  and  by 
the  Sheet  Metal  Workers.  If  the  floors  are  made  of  wood,  they 
will  be  conceded  to  the  Carpenters  as  their  work.  The  lathing 
of  the  building  will  be  done  by  the  Wood,  Wire  and  Metal 
Lathers,  though  on  one  side  this  work  approaches  closely  the 
trade  line  of  the  carpenter,  and  on  the  other  that  of  the  sheet 
met,"'  worker. 

"  The  painting  and  the  decorating  of  the  building  will  be 
claimed  by  the  Painters,  although  the  putting  up  of  picture 
molding  is  demanded  by  the  Carpenters  on  the  ground  that  the 
material  is  wood  and  is  attached  by  the  use  of  carpenters'  tools. 
The  placing  of  the  hollow  metal  doors  and  sash  throughout  the 
building  will  be  considered  by  the  Carpenters  as  belonging  to 
their  trade  because  this  work  requires  the  use  of  their  tools  and 
their  skill  and  because  the  use  of  sheet  metal  is  displacing  what 
was  formerly  carpenters'  work,  while  the  Sheet  Metal  Workers 
regaru  this  as  part  of  their  trade,  inasmuch  as  they  manufacture 
this  material  and  do  nothing  but  handle  sheet  metal,  so  that  they 
have  the  skill  necessary  to  erect  it.     Plumbing,  heating  and 
lighting  arc  trades  not  very  difficult  to  distinguish,  but  if  a 
vacuun.    leaning  system,  a  sprinkler  system,  or  some  other  ex- 
tension of  one  of  these  older  trades  is  to  be  installed,  difficulties 
arise.    The  Steam  Fitters  maintain  that  custom  ought  to  be  the 
guide,  that  is,  that  it  should  be  ascertained  which  trade  group 
was  originally  regarded  as  the  most  competent  to  do  the  work, 
as  evidenced  by  the  choice  of  the  builder.    The  Plumbers  would 
also  claim  this  work  on  the  ground  that  they  have  men  in  their 
organization  who  practice  these  trades,  and  that  the  whole  pipe- 
fitting  industry  ought  to  be  united  under  their  jurisdiction,  but 
this  complication  arises  out  of  the  existence  of  dual  associations, 
and  is  not  due  to  uncertain  trade  lines. 

"The  construction  of  the  elevators  will  be  claimed  in  its  en- 
tirety by  the  Elevator  Constructors,  but  this  demand  will  be 
opposed  for  different  parts  of  the  work  by  the  Electrical  Workers, 
the  Sheet  Metal  Workers,  the  Machinists,  the  Structural  Iron 
Workers,  and  the  Curpenler->,  cuui  ui  luesc  uiiiuno  cio-iming  oucii 


TRADE-UNION  JURISDICTION 


.^97 


part  of  the  work  as  it  regards  as  lying  within  its  trade.    The 
Elevator  Cons  ructors  maintain  that  the  whole  work  is  so  closely 
connected  that  it  cannot  be  conveniently  or  properly  performed 
in  parts  by  dilTerent  trades.     The  plastering  of  the  building 
will  be  conceded  to  the  Plasterers,  since  the  work  of  applying 
plastic  material  to  walls  is  pretty  well  defined.     However,  if 
certain  forn..     .  decorative  plaster,  which  are  made  up  in  fac- 
tories and  cast  in  sections  all  ready  to  be  nailed  to  the  wall,  are 
used,  the  Plasterers  will  still  insist  on  the  control  of  the  work 
because  the  use  of  this  material  is  displacing  the  older  form  of 
plaster,  and  the  Carpenters  will  demand  it  on  the  ground  that 
to  nail  these  blocks  to  the  wall  is  essentially  their  work  since  it  is 
performed  with  their  tools.    The  interior  marble  work  for  stairs, 
mantels,  fireplaces  and  columns  will  bo  done  under  the  jurisdic- 
tion of  the  Marble  Workers,  who  have  control  of  the  cutting  and 
setting  of  interior  marble  wor..,  whereas  if  the  same  material 
were  used  on  the  outside  of  the  building  the  Stone  Cutters  and 
the  Masons  would  have  control.    The  erection  of  the  scaffolding 
used  in  various  stages  of  the  construction  of  the  building  will  be 
claimed  by  the  Hod  Carriers  and  Building  Laborers  on  the 
ground  that  it  requires  little  skill  and  is  therefore  to  be  classed  as 
laborers'  work;  by  the  Carpenters,  because  carpenters'  tools  are 
used;  and,  when  scaffolding  is  to  be  used  by  the  Marble  Workers, 
by  the  Marble  Workers  Helpers  on  the  ground  that  the  erection 
of  the  scaffolding  is  closely  associated  with  the  placing  of  the 

marble."  ^    ^ 

Supplementing  this  statement  with  another  made  from  the 
point  of  view  of  the  troublesome  strike  arisin-  over  jurisdictional 
disputes,  it  has  been  insisted  that  "unless  che  related  trades 
bargain  jointly  with  employers  and  make  joint  agreements,  the 
policy  of  waging  sympathetic  strikes  increases  the  number  in- 
volved in  each  conflict  without  reducing  the  number  of  such 
conflicts.    For  example,  the  carpenters  engaged  in  the  construc- 
tion of  a  building  declare  a  strike  for  higher  wages,  and  the  mem- 
bers of  every  other  trade  on  the  building  quit  work  in  sympathy. 
When  this  trouble  has  been  adjusted,  the  plumbers  discover  that 
the  employer  has  violated  his  agreement  with  them;  and  all 
trades  again  go  on  strike.    Next,  the  elevator  constructors  and 
the  hoisting  engineers  quarrel  as  to  which  of  them  shall  run  the 
r-rpnleted  elevator,    The  other  trades  take  sides  and  ail  building 


398    AX  INTRODUCTION-  TO  STUDY  OF  ORGANIZED  LABOR 

operations  are  suspended  until  the  dispute  can  Ik  .ettlecl    Then 
the  business  agent  of  the  plasterers   unu.n  tmd^  tha    his  traa 
Z^  a  grievance  and  orders  ever>-  one  ^e  the  bu.ldmg.    This 

'not  a  verv  exaggerated  picture  ,  .litions  >n  the  budding 

indu^trv  as  ihev  existed  in  Chicago  jUSt  before  1900  or  in  Nevv 
York  during  the  spring  and  summer  of  190..  Building  openUions 
were  seri.^uslv  demoralized.  The  time  lor  the  ul tinKile  comple- 
Tion  of  a  building  was  a  matter  of  gamble  with  all  odds  in  favor 
^ll:.  Building  contractors,  landlords,  and  the  general  pub- 
lic joined  in  a  chorus  of  protest  against  the  arbitrary  method,  of 

''^  Attem'^ts  to  Solve  Difficulties.  -  How  to  prevent  conflict 
when  these  dispute,  over  jurisdiction  arise  has  thus  far  remained 
an  unanswered'  question.    Many  attempts  at  solution  have  b  en 
made  but  none  have  met  with  very  marked  success.    The  plan 
of  having  the  workman  join  two  or  more  unions  h?is  been  tried 
Thi^  mav  help  the  individual  lal)orer  out  of  his  embarrassment 
L;  it  cts,i.t  remove  the  cause  of  the  difficulty.    Wh  e  the 
bricklavers  and  stone  masons  were  organized  in  separae  locals, 
n  one  instance  a  workman  joined  both  locals.    The  bricklayers 
strurk  a  j..b  and  the  workman  secured  work  on  a  stonemason 
iob  ^  His  work  called  for  drilling  some  holes  for  gas  pipes  through 
fire-proof  arches.    This  was  a  bricklayer's  job  and  consequently 
he  was  fined  bv  his  bricklayers'  local  for  violating  their  rule 
against  doing  work  on  a  struck  job.    An  appeal  to  the  nationa 
convention  of  bricklayers  led  to  a  revision  of  rules  and  a  better 
adiustment  between  the  trades. 

Efforts  are  made  bv  the  nationals  to  make  more  and  more 
clear  ihe  specific  jurisdiction  of  their  authority.  In  the  consti- 
tution is  slated  as  fullv  as  possible  the  limits  of  the  particular 
trade  Then  everv  local  applying  for  a  charter  must  state 
what  work  it  will  control.  If  the  local  be  a  mixed  local  each 
member  must  register  in  one  branch.  In  the  Marble  Workers 
Union  for  example,  a  member  must  register  himself  as  a  cutter 
polisher,  machine  hand,  helper,  quarryman  or  any  ^the^  of 
the  subdivisions.  The  carpenters  as  early  as  18S6  defined 
their  jurisdiction.  "Those  persons  are  eligible  to  membership 
who  are  competent  carpenters  and  joiners,  engaged  at  wood 
work;  and  also  any  stair  builder,  millwright^planing  mdlbench 
hand  or  any  cabinet  maker  engaged  at  cart^cnlcr  woi::  or  any 


'ik.\i)i;-L\i().\  jiKisDic  riox 


399 


carpciittT  running  wood  working;  macliiiuTy  shall  l)o  eligible." 
More  recently  these  statements  have  been  made  much  more 
elal)orate.  The  Klectrical  Workers  declare  that  "each  charter 
must  state  the  class  of  work  and  the  geographical  juriMliction 
covered  by  the  charter  and  a  record  of  each  charter  and  its 
jurisdiction  must  be  kv\A  with  the  International  Order."  The 
Granite  Cutters  somewhat  dictalorially  assert  their  jurisdic- 
tion: "It  is  hereby  declared  and  set  forth,"  declares  the  Con- 
stitution, "that  the  Granite  Cutters  International  .Association 
of  .\merica  claims  the  right  of  jurisdiction  over  cutting,  carving, 
dressing,  sawing  and  setting  all  granite  and  hard  stone  on  which 
granite  cutters  tools  are  used;"  also  all  machine  work  for  the 
same;  and  further  "declare  and  set  forth  that  no  other  trade, 
craft  or  calling  has  any  right  or  jurisdiction  over"  these  named 
activities.  The  Typographical  Union  claims  that  its  "juris- 
diction shall  include  all  branches  of  the  i)rinting  and  kindred 
trades,  other  than  those  over  which  jurisdiction  has  been  con- 
ceded by  agreement."  The  Bricklayers,  Masons  and  Plasterers 
have  an  elaborate  definition  of  what  shall  constitute  bricklaying 
masonry,  stone  masonry,  artificial  stone  masonry  and  plaster- 
ing. Of  these  the  jurisdiction  over  artificial  stone  masonry 
seems  the  most  arbitrarily  asserted.  "The  cutting,  setting 
and  pointing  of  cement  blocks  or  artificial  stone,  and  all  cement 
that  is  used  for  backing  up  external  walls,  the  building  of  party 
walls,  columns,  girders,  beams,  floors,  stairs,  arches  and  plaster 
block  partitions,  where  substituted  for  brick." 

By  this  means  a  national  may  control  its  locals.  But  this 
is  not  the  most  serious  phase.  When  nationals  claim  jurisdic- 
tion against  each  other,  there  is  no  controlling  authority  to 
act  as  peacemaker.  Recent  trade-union  history  has  some  sad 
stories  in  its  pages  because  of  these  struggles  between  nationals. 

The  core  workers  organized  a  separate  national  union.  Being 
too  weak  to  maintam  a  separate  existence,  they  were  forced 
to  amalgamate  with  the  International  Molders  Union.  Then 
work  in  brass  became  more  important.  The  molding  of  brass 
was  work  for  brass  workers.  It  was  also  molding  work.  The 
International  Molders  Union  claimed  jurisdiction.  So  also  did 
the  Metal  Polishers,  BufTers,  Platers,  Brass  and  Silver  Workers 
Union  of  North  .\merica.  A  lively  contention  has  been  waged 
between  these  nationals  for  more  than  a  dozen  years  wltii  no 


400    AN  INTl^.OULCTION    lO  STUDY  OF  ORGANIZED  LABOR 

permanent    settlement    other    than    voluntary    "agreements- 
be  wern' sovereign"   offieials.     The  MoUlers  are  also  under 
th    shadow  of  an  anuUgamation  of  all  metal  trades.     1  he  uhtor 
of  the  Molders  trade  journal  in  opposmg  ^^^ --^f  ^^^^ 
two  points      Amalgamate,  he  says,  means     to  unite,  to    nttr 
r^rTo  intermingle,  to  make  one  and  the  same  of  what  had 
fc^mil     bl  sepa'rate  bodies.;'    To  a-l^amaU- wodd  me^.n 
virtually  that  the  Molders  Union  would  pass  out  of  existence 
.    a  s  narate  body  and  its  atTairs  would  be  managed  by  tria- 
chini  ts'  pat  ern-makers,  hlaeksmiths,  boilermakers  and  other 
mm   Uade  workers  whih   ihe  molders  would  become  resnonsi 
ble  for  all  these  other  trades  as  well.    As  an  e-m  J  of  >vh 
would  happen    the  editor  then  refers  to  the  fate  o    the  core 
workers      u"  11   190,  they  had  a  separate  nationa    affil.a  ed 
:  t     Se  American  Federation.     They  amalgamated  with  ^e 
Molders     This  brought  an  end  to  their  union  with  all  its  laws 
poSes  "and  its  separate  funds.    They  vvere  governed  by  laws 
and  Dohcies  as  determined  by  the  majority  of  molders.. 

In  1808  the  Steam  and  Hot  Water  Fitters  Union  apphed 
to  the  American  Federation  for  a  chaner.  The  application 
was  opposelbv  the  Plumbers  Union.  The  Federation  granted 
:  proSional  charter  providing  that  the  Pl^-bers  s  ould^^  .^^^^ 
their  present  members  whr  were  steam  or  hot  water  fitters 
nd  thTthey  might  admit  to  their  membership  others  m  town 

that  were  too  small  for  both  unions  to  -^-^^  "  ^^^JeraUon 
plumbers  continued  their  opposition.    In  191 1  the  Federatio 
extended  the  jurisdiction  of  the  plumbers  over  all  steam  and 
St  water  fitting  work  and  the  following  year  it  revised  to  seat 
representatives  of  the  Steam  and  Hot  Water  F  tters  Union 
extending  the  jurisdiction  of  the  plumbers  over  al    p  pe  trades. 
Th    result  ha    been  the  formation  of  the  Umted  Association 
If  Journeymen  Plumbers.  Gas  Fitters,  Steam  Fitters  and  Steam 
FitlerHelpers  of  the  United  States  and  Canada^  affihated 
with  the  American  Federation  ot  Labor,  and  the  ^epa  a^  ex 
istence  of  the  International  Association  of  Steam,  Hot  Water 
and  Power  Pipe  Fitters  and  Helpers  of  America 

Tendency  foward  Amalgamation.  -  In  such  struggles  as 
thSfherelas  resulted  an  amalgama.on  oMhe^mions  m^^^^^^^ 

::^r;;;s:'br;::k:d:s;:Sin;tancetom;;tthepar- 


TRADE-UNION  JURISDICTION 


401 


ticular  ra?c.     Even  the-  names  of  some  of  the  assot.ations  suggest 
mudi  of  strife  and  adjustment  on  the  basis  of  a  working  agree- 
ment     The  Amalgamated  Bluestone  Cutters,  Flaggers,  Curb 
and   Bridge   Setters  of   America;      International    Brotherhood 
of  Boiler  Makers,  Iron  Ship  Builders  and  Helpers  of  America; 
International  Brick,  Tile,  and  Terra  Cotta  Workers  Alliance; 
Bricklayers,  Masons  and  Plasterers  International  Union;     In- 
ternational Union  of  Carriage,  Wagon  and  Automobile  Workers; 
Brotherhood  of  Painters,   Decorators,  and  Paper  Hangers  ot 
America;    International    Union  of  Pavers,  Rammermen,    Hag 
Layers,  Bridge  and  Stone  Curb  Setters;  International   Union 
of  Shingle  Weavers,  Sawmill  Workers  and  Woodsmen;     Hotel 
and  Restaurant   Employers  International   Alliance  and   Bar- 
tenders International  League  of  America  — such  associations  as 
these  reveal  one  method  of  solving  the  difficulty.     Nearly  all 
of  them  are  smaller  unions  with  enough  interests  in  common 
to  lead  to  some  kind  of  amalgamation.     When  one  union  is 
more  powerful  than  its  jurisdictional  rival  the  result  tells  a 
different  tale.    The  Typographical  Union  has  won  against  the 
Association  of  Machinists  in  the  contest  for  jurisdiction  over 
machine   tenders  in   printing  establishments.     Both   Brewery 
Workers  and  Mine  Workers  have  won  over  the  Engineers. 
At  the  convention  of  the  American  Federation  of  Labor  in  igi4 
there  were  many  contests  still  unsettled.    The  Association  of 
Longshoremen  and  the  Seamans  Union  were  at  odds  over  the 
jurisdiction  of  men  employed  in  marine  warehouses.     A  long 
controversy  between  the  United  Brotherhood  of  Carpenters 
and  Joiners  and  the  Amalgamated  Society  of  Carpenters  and 
Joiners  was  announced  as  having  been  ended.     Trouble  was 
reported  as  still  unsettled  between  the  International  Brother- 
hood of  Steam  Shovel  and  Dredgemen,  the  Associated  Lmon 
of  Steam  Shove'  aen,  and  the  International  Union  of  Steam 
and  Operating  Engineers.     The  Cigar  Makers  Internatiorial 
Union  and  the  National  Stogie  Makers  League  were  at  odds. 
Other  controversies  were  those  between  the  Brewery  Workers 
and  the  Coopers  International  Union;  the  International  Print- 
ing Pressmen  and  the  International  Plate  Printers  Union  over 
new  processes  and  new  presses;   Stove   Mounters  and   Sheet 
Metal  Workers;  Machinists  and  Elevator  Constructors;  Black- 
...r,,,^  -.r-..!    ^r\!]^e  -nd   Structural   Iron  Workers;  Plasterers 


402     AN  IXTRODLLTION    '')  SIM  A   OK  OKCiAM/I.J)  LAI.CJK 


and  Carpenters;  I.itlio^jraphers,  Printing,'  Pressmen  and  Photo- 
Knf^ravers;  Lithographers  and  Lithographic  Prcssfeeders;  Hod 
Carriers  and  Cement  Workers;  Cpholstenrs  and  Carpet  Me- 
chanics; Rlaiksmiths  and  Tunnel  and  Sul)\vay  Constructors; 
Tunnel  and  Suinvay  Constructors  and  Compressed  Air  Workers; 
Electrical  Workers  and  Theatrical  Stage  Employees;  Mint 
Glass  Workers  and  Machinists;  Teamsters,  Bre  ,ers,  Bakers 
and  Laundry  Workers  (over  drivers  of  wagons);  Electrical 
Workers  and  Engineers;  Carriage  and  Wagon  Workers,  Black- 
smiths,  Upholsterers,   ^Lachinists  and   Metal   Pi)!ishers. 

Such  a  list  of  jurisdictional  difTiculties  is  more  significant 
than  entertaining.  Reading  between  the  lines  it  reveals  a  sit- 
uation that  means  much,  for  good  or  for  ill,  to  the  labor  move- 
ment. If  the  unions  are  unable  to  adapt  their  organization 
and  activities  to  industrial  changes,  they  will  have  given  into 
the  hands  of  their  enemies  a  powerful  weapon.  To  keep  pace 
with  all  the  readjustments  that  are  now  made  in  the  name  of 
science  and  efficiency  requires  a  degree  of  adaptability  and 
flexibility  on  the  part  of  trade  unions  that  they  do  not  appear 
to  possess. 

Settlement  through  American  Federation.  —  The  natural 
way  to  deal  with  the  inter-union  difTerences  would  appear  to 
be  through  the  American  Federation  uf  Labor.  But  many  of 
the  unions  do  not  belong  to  the  Federation.  In  other  instances 
refusal  to  apply  for  a  charter  on  the  part  of  a  trade  union  has 
been  followed  by  the  deliberate  formation  of  a  rival  in  the  trade, 
one  that  ^\-ill  hold  a  Federation  charter.  This  may  extend  the 
influence  of  the  Federation  but  the  gain  is  not  j.  net  gain  until 
it  is  offset  against  the  existence  of  a  new  jurisdictional  struggle, 
the  results  of  which  concern  employers  as  well  as  union  men. 
Even  where  the  struggle  is  between  unions  that  are  afhliated 
with  the  Federation  the  situation  has  not  been  handled  with 
uniform  success.  Though  forced  to  recognize  the  existence  of 
these  disputes,  it  has  done  so  reluctantly.  A  study  of  the  Federa- 
tion's relation  to  some  of  the  more  important  struggles  has 
led  to  the  conclusion  that  its  policy  has  been  marked  by  "great 
vacillation."  "It  is  difficult  to  see,"  says  Blum,  "how  their 
mediation  has  been  of  great  moment  though  it  is  probable  that 
the  conferences  and  conciliatory  efTorts  had  a  certain  mord 
iiinuunce  in  bringing  about  an  adjustment.''    Again  this  same 


TRADK-IMON  JlklSDRTION 


40.S 


writer  adds,  "There  has  been  no  lopiral  cndinp;"  to  so  many  of 
the  disimti^.  "The  j^'ood  olTices  of  the  American  P\'deralion 
of  Labor  t  ve  been  of  no  avail,  .  .  .  the  controversy,  not  de- 
(■i(K'(l  l)y  anybofly  or  on  any  principle,  is  won  by  the  stronger 
union."  From  his  study  of  the  building  trades  controversy 
Whitney  concludes  that  !he  American  Federation  of  Labor  fails 
as  an  arbitration  agency.  His  study,  he  declares,  "  will  convince 
anyone  that  it  is  not  without  cause  that  the  unions  are  unwill- 
ing to  rely  for  a  decision  as  to  their  jurisdiction  claims  upon  the 
justice  and  im[)artiality  of  either  the  American  Federation  of 
Labor  or  the  Building'  Trades  Department."  Even  the  out- 
spoken friends  of  the  American  Federation  admit  its  weakness 
in  this  regard.  "The  American  Federation  of  Labor,"  writes 
Mr.  John  Mitchell  in  his  Organized  Labor,  "has  accomplished 
a  great  deal  toward  preventing  the  outbreak  of  jurisdictional 
disputes  and  toward  settling  them  where  they  ha\e  already 
occurred.  In  this  matter  the  American  Federation  of  Labor 
should  be  greatly  strengthened." 

Without  attempting  to  sit  in  too  rigid  judgment  upon  the 
effectiveness  of  the  American  Federation  in  dealing  with  cases 
of  jurisdictional  controversies,  a  moment's  thought  as  to  its 
own  organization  will  l)e  helpful  in  explaining.  This  organiza- 
tion is  essentially  a.  federation.  As  has  been  described  in  a  former 
chapter,  it  is  made  up  of  self-governing  national  unions.  Its 
existence  depends  upon  the  support  of  such  unions.  This  limits 
very  much  the  authority  of  the  Federation,  forcing  it  in  behalf 
of  its  own  continued  existence  to  adopt  the  course  dictated  by 
"practical  expediency."  The  more  powerful  national  unions 
do  not  yield  gracefully  to  a  decision  in  favor  of  a  weaker  rival. 
Their  voting  strength,  their  financial  support,  their  tacitly  recog- 
nized community  of  interest  with  other  larger  nationals  all 
tend  to  make  them  at  times  quite  independent  of  the  Federa- 
tion's authority.  The  Federation's  Executive  Committee  to 
which  its  troubles  are  usually  referred  is  made  up  largely  of 
leaders  chosen  from  among  the  strong  nationals.  Discipline, 
exercised  upon  a  national  by  the  Federation,  may  prove  to  be 
a  boomerang.  The  Federation  is,  by  its  very  nature,  compelled 
to  be  "practical"  in  securing  its  ends.  The  American  Federa- 
tion of  Labor  fails  as  an  arbitration  agency  in  such  disputes, 
as  Whitney  points  out,  "for  the  reason  that  its  very  existence  is 


404     AN  INTRODUCTK.  ,  TO  STUDY  Ol    ORGANIZEn  LABOR 


too  intimately  dependent  upon  the  members  and  the  contrilju- 
tions  of  the  afiihaled  unions  for  it  to  he  al)soIutely  impartial  in 
passing  upon  dispute-  in  which  the  size  and  strenj;th  of  the 
contending  unions  is  \cry  dissimilar." 

Lack  of  Principle  in  Disputes.  —  The  main  reason  for  failure 
and  confusion,  on  the  part  not  only  of  the  Federation  of  Labor 
hut  of  the  unions  as  well  is  the  entire  lack  of  any  general  prin- 
ciple or  universal  basis  of  settlement.  The  situation  is  con- 
fused not  a  little  by  the  evolution  of  industry  as  well  as  by 
personal  rivalries  and  mutual  distrust.  Several  "base;,  of  set- 
tlement" have  been  proposed  and  some  of  them  have  been  in- 
voked in  connection  with  successful  adjustments.  It  would  be 
bold  to  assert  that  they  were  the  causes  of  settlement.  Some- 
times the  material  used  is  urged  in  support  of  a  contention;  as 
when  the  metal  workers  claim  jurisdiction  over  metal  doors  and 
metal  trim,  or  iron  workers  over  shii)buildin{;.  Sometimes  the 
nature  of  the  operation  involved  is  urged;  as  lathing,  w.  .  .pf 
wood,  metal  or  wire;  plastering,  whether  sjireading  soft  plaster 
or  nailing  blocks  of  ready-made  plaster  in  place.  Again  the 
tools  used  make  a  basis  for  distinction;  as  stone  cutting,  granite 
cutting  and  marble  cutting  tools,  or  carpenters'  tools  instead  of 
masons',  when  plaster  l)locks  are  put  in  place.  The  character 
of  the  establishment  in  which  the  work  is  done  appears  to  some 
as  conclusive;  as  machinists  on  linotypes  in  a  jirinting  shop, 
or  coopers  in  a  brewery,  or  wood  workers  in  a  piano  factory. 
Other  claims  equally  partisan  have  been  put  forward  as  decisive, 
and  these  only  add  to  the  confusion.  In  fact  none  of  them  is 
rational.  Trade  jealousy  or  self-defense,  as  the  case  may  be, 
dictates  the  establishment  of  a  jurisdictional  claim.  Once 
established,  the  claim  must  be  supported  by  "argument." 
The  argument  is  then  made  to  fit  the  side.  Little  heed  is  paid 
to  consistency.  Carpenters,  who  claim  piaster  work  because 
carpenters'  hammers  and  nails  are  used  to  fasten  the  blocks 
in  place,  claim  shipbuilding  work  though  the  tools  have  to  be 
quite  different.  Plumbing,  gas  fitting  and  steam  fitting,  each 
had  its  separate  reason  why  its  particular  union  should  e.xercise 
jurisdiction  over  all  three. 

The  importance  to  the  industrial  world  generally  of  a  settle- 

unionism.    While  there  are  differences,  the  employer  may  take 


TRADE-UNION  JURISDICTION 


40s 


advantaRC  of  them.  They  sometimes  lead  to  strikes.  The 
public  very  naturally  looks  upon  them  as  phases  of  tactional 
strife  which  concern  one  union  as  against  another  or  one  K^oup 
of  leaders  in  rivalry  with  another.     In  a  sense  they  .ire  right. 

Unionism's  Problem.  -  It  is  a  problem  for  unionism  itself 
to  settle.  Outsiders  as  arbitrators  cannot  settle  anything  Not 
much,  if  indeed  anything  more  than  a  temporary  adju  lent, 
was  settled  when  Judge  C.aynor  decided  that  metal  trim  and 
doors  should  lie  within  the  jurisdiction  of  carpenters.  .\  com- 
mittee of  architects  in  Chicago  said  that  in  case  of  the  con- 
struction of  the  Northwestern  Depot  the  imitation  marble 
should  be  set  by  the  marble  workers  and  not  by  the  i)lasterers. 
The  Hon.  Seth  Low  decided  that  the  installing  of  thermostats, 
regulating  the  heating  apparatus,  belonged  to  plumbers  and 
not  to  the  steam  fitters. 

So  long  as  the  ditTercnces  exist,  the  employer  will  seek  to 
take  advantage  of  them.  DilTerent  wage  scales  may  e.xist  and 
the  cheaper  workmen  may  be  fully  competent  to  do  th"  work. 
The  employer  can  hire  them  and  still  claim  that  his  shop  is 
"union."  If  one  group  strikes,  the  employer  may  hire  union 
substitutes  and  in  that  case  one  union  "scabs"  on  another.  In 
one  case  a  contractor  employed  pointers  to  point  up  the  walls 
after  the  bricklayers  had  done  their  work.  The  pointers  were 
organized.  The  bricklayers  claimed  jurisdiction  over  pointing, 
struck  the  job  to  compel  the  discharge  of  the  pointers,  won  the 
strike,  compelled  the  employer  to  pay  the  higher  bricklayer's 
wage  for  the  pointing  work,  and  established  their  case  in  court 
as  a  "lawful"  strike. 

Its  Ability  to  Solve  it.  —  So  far  as  jurisdictional  disputes  are 
due  to  industrial  evolution,  they  cannot  be  prevented.  Unionism 
must  find  a  way  of  adjusting  them.  The  trade-union  form  of 
organization  does  not  promise  to  do  this  very  effectively.  Prec- 
edent and  tradition  take  a  strong  hold  even  on  unions  of  la- 
borers. Traditional  trade  lines  and  precedents  in  division  of 
work  have  been  rather  firmly  established.  The  unions  do  not 
easily  readjust  themselves.  Conser\-atism  is  further  strength- 
ened by  the  accumulation  of  large  strike  funds,  of  various  forms 
of  benefit  funds  which  cannot  be  readily  and  ecjuitably  read- 
■  ^nrririrr  froftp  conditioHS.     Th?  least  that 


the  strictly  trade  unions  can  do,  if  they  are  to  adhere  to  the 


i 


4O0     AN   INTRODUCTION  TO  STl'OV  Ol    ()k(,ANI/.l  1)  I.AHOR 

traiU'  prim  iplf  oi  i)rgani/..itiori,  !■>  to  dcvclni)  soim'  nu.rc  clftTtive 
form-  of  Ifckration  or  c(K)ptTati.)n  thiui  has  yet  appeared.  'I'lu- 
Amrriian  FidtTati.ir.  of  Labor  is  il>ell  a  step  in  lliis  dindioii. 
The  live  drpartiiuiils  into  which  it  has  associated  many  of 
its  atliliated  unions  is  a  further  step  toward  the  same  end. 
More  remains  to  \n-  di)ne.  So  far  as  the  (hsputi's  arise  i)rimarily 
from  chanj^ing  trade  lines  that  accompany  evolutionary  changes 
in  industry,  the  only  salvation  in  sight  within  the  hypothesis 
of  traJe  unionism  is  an  automatic  {)art  of  the  internal  organism 
that  shall  work  ciuickly  and  continuously  for  inter-trade  peace 
and  harmony.  Further  discussion  of  this  phase  would  lead  to 
changes  in  the  structure  of  unionism,  a  toi)ic  dealt  with  a  little 

later. 

So  far  as  jurisdictional  disputes  arise  from  factional  strife 
and  internal  rivalry,  the  remedy  is  easier  to  discover  if  not  sim- 
pler to  api)ly.  Here  the  one  necessary  element  is  leadership 
and  education.  The  rank  and  file  have  a  large  responsibility  to 
their  own  movement.  They  do  not  appear  fully  to  recognize 
this.  Short-sighted  demands  that  run  counter  to  the  course 
of  industry,  even  though  vigorously  insisted  upon  by  the  ma- 
jority of  a  trade,  can  lead  only  to  trouble.  Failure  lies  ahead 
of  such  groups  of  workers.  One  trade  prospering  at  another's 
expense  cannot  be  justified  on  any  rational  grounds.  The  man 
in  the  ranks  must  see  this. 

Greater  than  the  responsibility  of  the  men  who  follow  is  that 
of  the  leaders.  This  is  not  the  place  to  discuss  trade  union's 
need  for  developing  the  right  kind  of  leadership.  It  is  clear, 
however,  that  many  of  the  disputes  over  jurisdiction  are  due  to 
factional  strife  and  personal  ambition.  Rival  unions  are  gen- 
erally due  to  the  existence  of  persona'  rivalries.  Failure  to  de- 
mark  clearly  between  overlapping  or  langing  trades  is  also  too 
frequently  due  to  jealousies  between  leaders,  each  able  to  per- 
suade an' unintelligent  following  that  hi:  is  the  just  cause.  To 
hear  the  reasons  urged,  the  reflections  cast,  the  personalities 
and  recriminations  expressed  in  some  of  these  discussions  is 
quite  sufficient  to  reveal  selfishness  as  the  cause  of  all  the 
trouble,  if  not  of  all  the  disagreement. 

When  unionism  can  relieve  itself  oi  this  last  named  group  of 
causes,  the  way  will  be  open  to  adopt  some  machinery  for  seuliiig 
those  difficulties  that  are  inherent   in  industry.     With  good 


TKAI>I,  IMKN  Jl  kl>l)I(  HON 


407 


Icndcr^hip  and  inlcIliKi'nt  following'  tin'  way  may  l)c  open  to 
a(lo|)i  Mr.  John  Mit>  licf-  a(l\  it  f  whvn  lir  >ay^  that  "  the  various 
or^ani/atioii^  (laiminK  ,  .c  ^anic  work  should  lie  conijK'Ilftl  to 
Milmiit  the  (jUfslion  in  (iisputf  to  the  ari)ilration  of  Icdinically 
(•(|ui|)|)t'(i  sjH'cial  commit ti'cs  appointed  \>y  llu-  Anuriian  I'ld- 
iration  of  Laltor.  Vhv  rrspcilivf  claims  of  the  partits  lo  the 
dispute  ^houlil  then  hr  passed  upon  and  the  award  sliould  i)e 
al)solutely  tinal.  The  national  unions  should  support  the  Fed- 
rration  in  its  decisions,  and  all  orj^anizations  which  refuse  to 
abide  thereby  >hould  be  punished  accordinj^  to  the  judgment  of 
the  P'ederaiion.  it  i>  im[)ortant  that  any  decisions  arrived  at 
should  be  national  and  not  merely  local  in  their  scope,  and  that 
they  should  be  strictly  enforced." 


CHAPTER  XXVI 
INDUSTRIAL   UNIONISM 


In  an  earlier  chapter  the  two  different  principles  of  organiza- 
tion were  poipled  out:  the  one,  the  principle  of  common  interests 
of  all  laborers;  and  the  other,  that  of  trade  or  craft  interest.  On 
the  former  was  built  up  the  Knights  of  Labor.  On  the  latter 
rest  the  American  f'ederation  of  Labor  and  the  group  of  national 
and  international  trade  unions.  The  Knights  of  Labor  has  an 
interest  now  that  is  historical  only.  The  American  Federation 
of  Labor  with  its  affiliated  trade  unions  represents  the  life  and 
spirit  of  the  American  labor  movement  of  to-day.  But  there 
is  coming  into  prominence  a  third  form,  of  union,  the  industrial 
union,  and  this  demands  attention. 

Basis  of  Industrial  Unicnism.  -  .\s  the  name  implies,  its 
basis  of  membership  is  the  common  labor  interest  of  an  industry. 
The  industrial  union  is  the  union  of  the  work.men  of  an  industry. 
Whether  this  be  a  principle  or  not  is  a  question  of  no  great  prac- 
tical importance.  Il  may  be  styled  a  new  principle  of  organiza- 
tion, or  it  may  be  classed  as  a  compromise  between  the  broad 
common-intercst-of-all-labor  principle  on  the  one  hand  and  the 
much  narrower  trade-or-craft-limitation  principle  on  the  other. 
Whether  the  one  or  the  other,  so  far  as  principle  of  organization 
is  concerned,  the  industrial  union  is  commanding  close  attention 
mainly  for  reasons  purely  practical. 

With  so  influential  a  champion  of  the  strict  trade-union  prin- 
ciple as  the  American  Federation  of  Labor  in  the  field,  industrial 
unionism  has  encountered  strong  opposition.  Yet  its  deter- 
mined advocates  have  persisted  in  the  fight  until  the  issue  has 
become  an  open  one.  Two  strong  national  unions  represent 
conspicuously  the  new  type.  (Others  appear  to  be  approaching 
it  in  changes  that  are  being  made,  while  in  still  other  industries 
there  is  turmoil  that  hardly  presents  any  promise  of  being  cleared 
up  except  by  reorganization  on  some  industrial  basis  rather  than 
trade  basis. 

408 


INDUSTRIAL  UNIONISM 


409 


T3rpes  of  Industrial  Unionism.  —  The  u  nited  Mine  Workers 
of  America  is  one  of  the  strongest  types  and  champions  of  indus- 
trial unionism.  It  includes  within  its  membership  all  workers 
in  and  aroand  the  mine.  There  are  no  subdivisions  along  trade 
lines,  no  affiliations  or  alliances  of  trade  groups  into  the  larger 
unions.  All  workmen  without  regard  to  skill,  kind  of  work  or 
age  belong  to  the  local  and  the  locals  form  the  sub-districts,  the 
districts  and  the  international.  That  there  is  a  subdivision  of 
labor  in  mining  becomes  evident  when  one  encounters  a  list  of 
the  various  activities.  Engineer,  fireman,  machinist,  ashman, 
trapper,  barnman,  oiler,  teamster,  blacksmith,  carpenter,  gate- 
man,  inspector,  loader,  culm  driver,  washery  man,  slate  picker, 
braker  boy,  mule  driver,  electrician,  track  layer,  timber  man,  day 
lal)orer:  these  are  some  of  the  scores  of  different  occupations  in 
and  around  a  coal  mine.  The  various  operations  furnish  to  the 
membership  of  the  United  Mine  Workers  representatives  of 
twenty  different  nations  speaking  as  many  different  languages 
and  dialects.  The  struggle  with  the  engineers  for  control  of  that 
specific  trade  within  the  mines  has  been  referred  to  in  the  dis- 
cussion of  jurisdictional  disputes.  Other  controversies  have 
arisen,  the  present  outcome  being  that  the  miners'  organization 
exercises  unquestioned  jurisdiction  over  all  the  various  divisions 
of  mining  labor.  This  has  nut  been  accomplished  without 
opposition,  but  the  nature  of  the  mining  industry  favored  this 
form  of  organization  and  to-day  there  seems  none  to  question 
not  only  the  fact  but  the  advisability  of  industrial  unionism  in 
mines.  The  same  is  true  of  the  Western  Federation  of  Miners. 
Its  avowed  object  is  "to  unite  the  various  persons  working  in 
and  around  the  mines,  mills  and  smelters  into  one  central  body," 
and  this  it  does  very  effectively. 

Similarly  the  brewers  have  extended  their  jurisdiction  until 
the  unit  of  organization  has  become  the  industry.  After  some 
vigorous  fighting  over  jurisdictional  control,  engineers  and 
firemen,  carpenters  and  blacksmiths,  coopers,  teamsters  and 
painters,  in  short  all  who  are  employed  both  in  and  around  brew- 
eries, come  into  the  membership  of  the  locals  of  the  United 
Brewery  Workmen.  The  field  of  the  union  is  the  entire  industry 
and  all  workmen  are  members  of  the  same  locals. 

Mixed  Types.  —  Of  the  industries  in  which  confusion  exists 
and  for  which  some  form  of  industrial  unionism  seems  the  only 


4IO    A\  INTRODUCTION-  TO  STUDY  OF  ORGANIZED  LABOR 


practical  solution  there  arc  several.  One  that  represents  an  ad- 
vanced stage  of  industrialization  is  the  International  Longshore- 
mens  Association.  This  has  directly  affiliated  local  unions  of 
unloaders  of  vessels  and  ships,  grain  elevator  e.nployees,  general 
cargo  dock  laborers,  lumber  inspectors,  tallymen  and  handlers, 
and  others.  It  is  also  a  federation  of  the  following  international 
unions:  Licensed  Tugmens  Protective  Association,  Tug  Hremen 
and  Linemens  Association,  International  Dredge  Workers  Pro- 
tective Association,  International  Rock  Drillers  Association,  and 
the  General  Fishermens  Association.  The  desire  is  to  make  one 
big  industrial  union  of  all  these. 

The  printing  industry  is  being  more  nearly  dominated  by  the 
Ty'pographical  Union.  In  earlier  years  the  tendency  in  this  in- 
dustry was  the  other  way.  The  lirst  membership  was  of  type 
setters  and  pressmen.  Then  press  work  became  divided  as  a 
separate  trade.  Bookbinding  was  another  division.  Other 
brandies  were  set  apart  one  after  another.  Vet  all  were  in  the 
one  union.  One  by  one  separate  unions  came  into  existence 
along  the  lines  of  the  separate  trades.  More  recently,  however, 
the  Typographical  Union  has  been  reaching  out.  They  have 
had  jurisdictional  troubles  with  other  unions.  They  have  won 
their  case  against  the  Machinists.  They  have  as  allied  locals 
some  of  the  German-American  printers,  also  some  of  the  mailers, 
newspaper  writers,  and  U'pc  founders.  They  are  having  mis- 
understamhngs  with  other  trades,  as  the  bookbinders,  pressmen 
and  others.  The  size  and  strength  of  this  organization  give 
them  great  advantage  over  other  trade  unions  in  the  same  in- 
dustry. Because  of  these  the  leaders  are  able  to  adopt  either 
waiting  or  fighting  tactics  as  the  case  seems  to  warrant.  A  dis- 
pute with  the  International  Brotherhood  of  Bookbinders  over 
jurisdiction  arose,  due  to  the  fact  that  the  Typographical  Union 
also  admits  bookbinders  to  its  membership.  "These  men  and 
women,"  says  the  president  of  the  latter  organization  in  his 
annual  report  of  ins,  "arc  entitled  to  and  will  of  course  con- 
tinue to  receive  our  fu'!  protection  in  their  employment  and  in 
their  membership  in  this  union.  VV^hen  the  other  parties  to  this 
controversy  are  ready  to  adjust  it  on  an  equitable  basis  the 
officers  of  the  International  Typographical  Union  will  not  keep 
them  waiting."  The  present  policy  in  this  trade  is  the  building 
up  of  an  alliance  between  the  several  independent  and  semi- 


IN  DUSTKIAL  U  N  lOMSM 


411 


independent  unions.  The  Allied  Printing  Trades  is  formed  by 
the  alliance  of  the  International  Printing  Press  and  Assistants 
Union,  the  International  Brotherhood  of  Bookbinders,  the  Inter- 
national Stereotypers  and  Electrotypers  Union,  and  the  Inter- 
national Photo-Engravers  Union.  This  may  or  may  not  prove 
to  be  a  step  toward  a  real  industrial  union  in  the  printing  trade. 
The  dominating  Typographical  Union  is  in  a  position  to  guide 
developments  at  present  and  they  are  endeavoring  in  every  way 
to  build  up  the  strength  of  the  Allied  Councils. 

The  meat  packing  industry  affords  another  fertile  field  for 
the  development  of  industrial  unionism.  In  this  industry  there 
have  been  more  than  fifty  different  unions  organized  among 
workers  in  the  Chicago  packing  houses  alone.  These  were 
arranged  in  groups  of  some  ten  or  fifteen  different  national 
trade  unions  affiliated  with  the  American  Federation  of  Labor. 
The  subdivision  of  labor  has  been  extended  to  such  great  lengths 
in  this  industry  that  nothing  worthy  the  name  of  a  trade  re- 
mains. A  few  highly  skilled  operations  supplemented  by  ac- 
tivities of  relatively  unskilled  workingmen  and  women  con- 
stitute the  meat  packing  trade.  If  such  a  group  of  laborers 
is  to  establish  effective  bargaining  power,  the  experience  of  the 
miners  appears  to  many  to  be  the  example  for  them  to  follow. 

Still  another  industry  full  of  confusion  is  that  of  garment 
making.  Lines  of  division  that  were  formerly  fairly  clear  have 
in  recent  times  lost  their  effectiveness.  The  Journeymen  Tailors 
did  the  custom  made  work.  The  ready-made  clothing  industry 
has  been  the  field  for  the  United  Garment  Workers,  itself  a 
combination  of  several  separate  operations  or  trades.  Then 
came  ready-made  garments  for  women.  As  these  have  led  to 
regular  industrial  organizations,  they  have  been  followed  by  the 
laborers  with  their  unions.  Cloaks,  suits  and  skirts;  tailor 
made  garments;  dresses  and  waists;  misses  and  children's  wear; 
wrappers  and  kimonos;  and  white  goods  or  underwear;  each 
in  turn  has  its  separate  organization  of  workers.  These  have 
consolidated  in  the  International  Ladies  Garment  Workers 
Union.  The  history  of  efforts  to  adjust  difficulties  and  make 
a  strong  union  in  this  industry  is  a  long  and  complicated  one. 
Some  reference  has  been  made  to  it  in  another  chapter.  It  has 
given  the  "Protocol,"  the  Sanitary  Board,  the  Preferential 
Union  Shop.    A  recent  effort  to  industrialize  the  trade  has  for 


412     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  present  come  to  naught.  Some  seceding  locals  of  the  United 
Garment  Workers  joined  forces  with  the  Journeymen  Tailors 
Union  and  the  latter  changed  its  name  to  the  Tailors  Industrial 
Union,  claiming  within  its  jurisdiction  all  the  needle  and  gar- 
ment trades.  Though  this  movement  did  not  succeed,  it  still 
at)pears  that  there  are  elements  present  in  the  garment  industry 
that  invite  further  eiTorts  along  the  line  of  industrial  unionism. 

In  other  fields  the  case  for  the  industrial  unions  does  not 

seem  ciuite  so  clear.     In  the  building  trades  there  have  been 

jurisdictional  disputes  without  number.    Trade  lines  cross  and 

recross  in  great  confusion.     Boards  of  delegates  and  building 

trades  councils  in  the  larger  cities  have  sought  to  unite  the  forces 

and  supp-ess  the  internal  strife.    Success  has  not  been  such  as 

to  encourage  hope  for  the  future.     An  inherent  difficulty  lies 

in  the  fact  that  trades  engaged  in  building  are  also  engaged  in 

other  activities  not  logically  or  practically  classilied  within  the 

building  field.     Engineers  who  run  hoisting  engines  also  run 

[)umping  engines  for  mines  as  well  as  engines  for  numerous 

industrial  plants.     Carpenters   make   not  only  buildings  but 

furniture,  pianos  and  organs,  carriages  and  wagons. 

From  these  various  illustrations  it  will  appear  that  industrial 
unionism  does  not  find  an  equally  fertile  field  in  all  lines  of  in- 
dustry.    Unequal  adaptation  has  fostered  irregu'ar  develop- 
ment.   That  such  will  continue  to  be  the  case  seems  inev.tuble. 
Reasons  Favorable  to  Industrial  Unionism.  —  The  reasons 
urged  in  favor  of  this  newer  form  of  unionism  are  both  practical 
and  theoretical.    While  the  latter  do  not  carry  so  great  a  weight 
of  influence,  they  are  often  urged.     They  have  a  favorable 
effect  in  some  quarters.    Industries  that  are  made  up  of  many 
trades  with  but  a  small  number  in  each  make  it  quite  impossible 
to  form  strong  trade  locals.     If  formed,  their  interests  attach 
more  directly  to  the  trade  fellows  who  work  elsewhere  than  to 
fellow  workmen  in  the  same  plant.    This  creates  divided  rather 
than  united  interests  among  employees.     Particularly  is  this 
true  when  the  industry  is  isolated  as  is  the  case  in  mining.    The 
laborers  are  remote  from  large  centers  where  unionism  is  more 
active,  and  the  chances  for  association  with  larger  numbers  in 
the  same  (organization  are  few.  .    ,    • ,     i 

Force  of  Practical  Reasons.  —  But  it  is  the  practical  side  that 
appeals  most  strongly.    Collective  bar^ 


"'ft 


INDUSTRIAL  UNIONISM 


413 


is  more  effectively  carried  on  throuRh  industrial  unionism.  In 
a  miners'  contro\ trsy  the  union  feels  much  more  strongly  in- 
trenched if  it  can  control  the  engineers  who  operate  the  pumps. 
Though  they  usually  continue  them  at  work,  there  is  always 
the  possibility  that  they  can  be  called  out.  This  affects  the 
employer  very  directly,  for  by  stopping  the  [jumps  the  mines 
are  flooded  and  much  property  is  destroyed  beyond  recovery. 
The  brewers  insist  that  it  is  critical  that  they  control  the  de- 
livery as  well  as  the  [)reparation  of  their  product.  So  they 
insist  that  teamsters  as  well  as  all  others  join  their  industrial 
union. 

An  advocate  of  industrial  unionism  in  the  textile  industry 
cites  some  real  experience.  There  was  a  recent  strike  among 
union  "cop-packers."  Yet  the  operative  spinners  remained  at 
work  "producing  cops  for  blackleg  cop-packers."  So  also 
"trade  union  carters  carried  them  to  the  station,  trade  union 
railway  men  to  their  destination,  to  be  woven  into  cloth  by 
trade  union  weavers,  and  finished  by  trade  union  bleachers  and 
dyers.  Thus  it  was  not  the  employers,  but  we  .  .  .  fellow  trade 
unionists  in  the  same  industry  .  .  .  who  smashed  the  cop- 
packers'  strike." 

In  the  textile  strikes  of  Lawrence,  Little  Falls,  and  other 
centers,  the  trade  union,  the  United  Textile  Workers  of  America, 
was  severely  criticized  for  having  neglected  to  include  in  its 
membership  the  unskilled  workers  of  the  mills.  This  organiza- 
tion has  combined  to  some  degree  the  different  lines  of  work, 
thus  departing  to  that  extent  from  the  strict  trade  union.  It 
has  limited  its  membership,  however,  to  the  relatively  skilled 
workers.  When  the  trouble  broke  out  it  was  quite  helpless 
before  the  leaders  who  brought  this  neglected  element  together 
in  their  aggressive  organization.  From  the  more  practical 
point  of  view,  the  industrial  unionists  have  a  powerful  argu- 
ment when  they  urge  that  the  workmen  are  much  more  effective 
in  dealing  with  an  employer  when  all  the  working  force  is  com- 
bined under  one  organization  and  one  leadership.  The  force 
of  the  argument  is  apparent. 

Attitude  of  American  Federation.  —  The  attitude  of  the 
American  Federation  of  Labor  toward  industrial  unionism  is 
not  easy  to  state.    Its  acts  and  its  declarations  do  not  look  in 


A.    wctllv^i.^^     iX^ 


•  iio  wii  Liic  pnncipiC 


414    AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

of  trade  unionism  and  successful  to  a  degree  surpassing  any 
p  eXus  effort,  it  is  inevitable  that   the  form  oior^n^^^n 
that  seems  to  have  determined  its  survival  agamst  its  former 
gre  tTivTl  the  Knights  of  Labor,  should  be  held  as  sacred.    Th.s 
principle  the  Federation  has  reiterated  agam  and  agam      In- 
Sust^Sl  unionism,  it  urges,  savors  of  the  breakmg  ^-n-   trade 
autonomy.     U  looks  again  in  the  direction  of  the  Knights. 
TO    ifenough  to  condemn  it.     But  when  some  particular  ap- 
nl^at  on  of  the  issue  comes  up  for  adjustment,  the  practica 
Ses  precedence  over  the  theoretical.     Both  organizations  of 
minis  have  developed  a  high  degree  of  industrial  unionism 
Xle-residing  under  the  roof  of  the  Federation.    The  brewers 
have  not  sulTered  any  serious  reverses  in  their  policy  of  indus- 
tH  lism,  though  members  of  the  Federation  in  good  stand  ng^ 
The  Typographical  Union  is  pushing  its  claims  in  the  face  ot 
complaints  made  to  the  Federation  by  its  rivals.  _   I"  1?°      he 
engineers  working  in  mines  were  seeking  to  -tarn  t^^  trade 
relations  against  the  opposition  of  the  miners.    The  Federat  on 
deer  ed  that  the  engineers  working  in  mines  should  join  the 
mScs  Union.    The  case  was  made  to  appear  as  an  exception 
ra  he    than  a  policy,  however.     Reference  in  the  report  vvas 
r^lde  to  the  "magnificent  growth  of  the  American  Federation 
^ftabor,'    this  being  "conceded  by  all  students  of  Econo^c 
thought  to  be  the  result  of  organization  on  trade  lines.      I    was 
deckfred  that   "as  a  general  proposition,  the  interest  of  the 
work    s  wUl  be  best  conserved  by  adhering  as  closely  to  that 
dcKtr  ne  a   the  recent  great  changes  in  the  method  of  production 
and  employment  make  practicable."'    This  last  statement  pav  s 
the  wTy  to  the  exception.    It  is  then  admitted  that  "owing  to 
h      solation  of  some  few  industries  from  /h-kly  popul^^^^^^ 
centers    where   the  overwhelming  number  follow    one  branch 
he    o    and  owing  to  the  fact  that  in  some  industries  compara- 
tivxly  f'e  V  workmen  are  engaged  over  whom  separate  organ   a- 
ti^ns  claim  jurisdiction,  we  believe  that  the  3ur-dic  ion  jn  such 
industries  1^  the  para^^^t  c>rganizaUc.  Wcl  ^^^^^ 
rp'iuUs  to  the  workers  therein,  a^  icasi  uu  uit  a  i 

organisation  of  each  branch  has  reached  a  stage  wherem  thes 
m  vrphced  without  material  injury  to  ail  l>arties  in  inte.-e^t 

!'„..'._       :.L  .v-„: f;^r,al  trade  imions.      The  Coa' Hoist 

;:;Engi::2r;  refSto^accept'tiis  decision  of  the  Federation 


INDUSTRIAL  UMOXISiM 


415 


1. 


in  favor  of  the  United  Afine  Workers.    Upon  this  the  Federa- 
tion expelled  them  from  its  membership. 

Again  in  1903,  the  convention  of  the  Federation  had  the  ques- 
tion to  consider.  Again  the  trade  princijjle  was  strongly  pro- 
nounced. President  Gompers  asserted  that  the  movement 
toward  industrial  unionism  "is  perversive  of  the  history  of  the 
labor  movement,  runs  counter  to  the  best  conceptions  of  the 
toilers'  interests  now,  and  is  sure  to  lead  to  the  confusion  which 
precedes  dissolution  and  disruption."  In  1904  a  committee  of 
which  Mr.  Gompers  and  Mr.  John  Mitchell  were  both  members 
again  reasserted  the  principle  but  again  admitted  the  practica- 
bility of  making  exceptions  to  meet  special  needs. 

The  Federation  does  not,  however,  yield  to  every  attempt 
to  industrialize  an  organization.     Evidence  of  this  appears  in 
the  recent  issue  between  the  tailors  and  the  garment  makers  to 
which  reference  has  already  been  made.     Certain  locals  had 
withdrawn  from  the  United   Garment  Workers  of   America. 
The    Journeymen    Tailors    Union    had    by    referendum    vote 
decided    to   change    its    name   to    Tailors    Industrial    Union. 
They  also  changed  their  membership  requirements  so  as  to 
include  all  needle  and  garment  trades.    They  made  an  alliance 
with  the  seceders  above  mentioned,  who  claimed  to  be  the 
real  United  Garment  Workers  organization.     This  gave  the 
right  to  use  the  union  label  of  that  organization.    As  the  con- 
stitution of   the  American   Federation  forbids  any  affiliated 
organization  to  change  its  title  or  extend  its  jurisdicti'^n  without 
first  receiving  the  approval  of  the  Federation,  the  Federation 
immediately  became  concerned.     At  the  1914  convention  the 
Tailors  were  instructed  to  rescind  the  action  as  to  name  and 
jurisdiction  and  return  to  their  former  status.    The  membership 
of  the  Journeymen  Tailors  was  about   12,000  while  that  of 
the  United  Garment  Workers  was  about  60,000,  with  about 
70,000  more  in  the  other  trades  included  in  the  International 
Ladies  Garment  Workers  Union.    The  Federation  was  actively 
supported  by  the  United  Garment  Workers  Union  whose  oflirials 
strongly  opposed  the  effort  to  usurp  its  jurisdiction  by  a  lew 
"would-be  leaders"  from  among  seceders,  and  further  roundly 
denounced  such  a  "dastardly  attempt  to  disrupt  and  destroy 
a  bona  fide  labor  union  which  has  been  of  such  great  benefit 
i.y  LUC  worKcrs  m  trie  mci:  s  (_ii)Lliiiig  nidusiry."'    Through  the 


4U.    AN  INTROUUCTION  TO  STUDY  OF  ORGANIZED  LABOR 
„o  ^f  .V,,.  Fpfleration  bv  its  Executive  Council 

rSrr:  ;:;S:       plti.t'and  .ha.  .he  ^.la,  move 
,1,H,  bv  an  orKan  zalton  in  a  .ra.le  .ho  rcla.ivc  „n,,or.ance 

r.  ,«me  forn:  d  cter  alliance  oush.  .0  he  brough.  abou. 
-a^rtirnl^^t^ullinp^h.  -.e  .he  annua, 

liiiiliiBSS 

"'wh"  .iVThTvarious  National  and  International  Unions 
affiS  ^hThe  American  Federation  of  Labor  have  complete 

no  e!S  to  the  number  of  disputes  over  the  question  of  3ur.sd.c- 

'"thefeat  ."uuch  disputes  could  be  prevented  by  having 
the  workers 'of  all  crafts  in  an  industry,  under  the  jurisdiction 

'^^^LXf  tTt^tlm^ricaVVederation  of  Labor  go  on 
recorcTn  favor  of  organization  by  industry  and  take  whatever 
teps  may  be  necessary  to  bring  about  such  <:hang. 

Another  set  of  resolutions  was  presented  by  J^e  clUegate 
representing  the  Illinois  Federation  of  Labor.  It  had  been 
adopted  by  the  State  Federation  and  was  intr.>duced  at  the 
Ltlers  instructions.    It  was  in  the  following  form: 

'Whereas  The  lines  are  being  closely  drawn  between  capital 

and    abor    the  capitalists  of  the  country  have  organized  th 

Natinal  Manufacturers'  Association  and  other  large  emp bye  s 

organizations  very  compact,  cohesive  bodies,  having  for  thur 

™f  he  destruction  of  the  trades  union  movement,  and, 

rea£  that  in  unity  there  is  strength;  therefore,  be  it 
realizing ^tnai  ^^^^  >^  ^^^^^  ^^  ^^^^^^  ^^^^^  compact  and 

powerTuT;Vganiza"tions  of  employers  of  labor,  this  convention 


INDUSTRIAL  L'NIONISM 


417 


endorses  and  adopts  the  plan  of  organization  by  industries 
instead  of  by  crafts,  which  often  divides  the  forces  of  labor, 
and  that  the  officers  of  the  State  Federation  be  instructed 
to  use  every  effort  to  influence  and  mold  sentiment  along  these 
lines;  and  be  it  further 

"Resolved,  That  the  delegate  from  the  Illinois  Federation 
of  Labor  to  the  A.  F.  of  L.  be  instructed  to  use  his  vote  and 
influence  for  the  industrial  form  of  organization." 

Neither  of  these  resolutions  was  adopted.  They  served  a 
purpose,  hovvever,  in  affording  the  industrialists  in  the  conven- 
tion an  opportunity  lo  agitate  the  fjuestion. 

Illustration  of  Agitation:  Metal  Trades.  —  A  matter  of  in- 
terest during  the  summer  of  1Q15  was  the  discussion  of  an  amal- 
gamation project  in  the  metal  trades.  It  appears  to  have  been 
started  by  the  Machinists  Union  in  1914  when  the  officers 
and  business  agents  of  that  organization  met  informally  and 
discussed  the  advisability  of  such  a  change.  The  conference 
drafted  a  resolution  in  the  following  form  and  presented  it 
for  consideration: 

"Whereas,  The  introduction  of  modern  machinery  and 
methods  of  doing  work  are  rapidly  bringing  a  number  of  the 
metal  crafts  so  closely  together  that  it  is  practically  impossible 
to  define  the  line  of  demarkation  in  relation  to  the  jurisdiction 
of  said  crafts;  and 

"Whereas,  We  believe  that  it  is  not  only  possible,  but  entirely 
feasible,  to  bring  about  the  amalgamation  of  a  number  of  said 
organizations;  and 

"Whereas,  We  believe  that  said  amalgamation  can  be  per- 
fected by  establishing  a  district  or  divisional  form  of  organiza- 
tion working  under  one  general  constitution  and  one  set  of 
general  officers,  and  by  granting  to  each  district  or  division 
the  right  of  self-government  to  the  fullest  possible  extent,  sub- 
ordinate to  the  constitution  of  the  Grand  Lodge;  therefore, 
be  it 

"Resolved,  That  this  conference  go  on  record  as  recommend- 
ing that  the  International  President  and  G.  E.  B.  (General 
Executive  Board)  immediately  proceed  to  take  a  referendum 
vote  on  this  resolution  and  get  in  touch  with  the  general  officers 
of  the  following  organizations,  with  this  object  in  view:  Machin- 
ists,   Boilermakers,    Blacksmiths,    Brass    Workers   and   iM'etal 


V 


Il!!!!i 


41S     AN    IMKODLXTION  TO  MIDV  OK  ORC.ANTZI.I)  I.AHOR 

Polishers,  SIktI    Mrt;il   Workers,   Iron   Workers,   Klei  trician^', 
riumbers  and   Steam    Fillers,   Klevator  Constructors  and 
Machinists  now  nn  nil)ers  of  the  Carpenters  ami  Joiners;  and 

be  it  further 

"Rcsoi\e(l,  That  in  llie  event  any  one  or  more  of  the  organi- 
zations being  agrreal)ie  to  said  plan  of  amalgamation,  the 
executive  olTicers  shall  proceed  lo  work  out  sue  h  plan  of  amal- 
gamation with  the  favorable  organizations  at  the  earliest  possible 
date,  and  that  the  above  mentioned  organizations  be  requested 
to  publish  the  report  of  this  committee  and  this  resolution  in 
their  monthly  journals." 

These  resolutions  were  ratified  by  a  referendum  vote  of  the 
Machini  -^  Union  and  sent  to  the  otlkials  of  the  other  metal 
trades.  ;  has  not  met  with  general  enthusiasm  though  the 
different  trades  are  still  considering  it.  The  Boilermakers 
Union  through  its  Executive  Board  adopted  strong  resolutions 
against  amalgamation.  Several  reasons  were  stated.  "First, 
Past  experiences  have  taught  us  that  such  an  organization  can- 
not be  made  a  success.  Second,  We  believe  that  our  present 
forms  of  organization  will  meet  all  the  requirements  of  the 
workers,  namelv:  The  metal  trades  department  of  the  A.  F.  of 
L  the  railwav' department  of  the  A.  F.  of  L.,  and  the  system 
federation,  when  perfected.  ...  We  believe  that  all  true  trade 
unionists  should  lend  their  undivided  support  to  the  present 
form  of  organization  rather  than  to  encourage  new  and  untried 
forms  and  therebv  retard  our  progress." 

Discussion  by  Molders.  —  The  McMers  Union,  though  not 
included  in  the  list  named  in  the  Machinists'  resolutions,  be- 
came involved  in  the  discussion.  A  Molders'  local  secured  the 
second  to  its  motion  by  the  requisite  nine  locals  and  forced  a 
referendum  upon  the  members  of  that  union.  Here  again  the 
officers  were  opposed  to  the  amalgamation  and  judging  from 
the  various  letters  contributed  to  the  discussion  there  was  a 
division  of  opinion  in  the  membership.  In  the  discussions 
there  appeared  the  usual  line  of  argument  on  each  side.  One 
side  represented  by  "A  Member  for  Forty  Years"  writes  that 
"The  molders  of  this  country  can  point  with  pardonable  pride 
to  their  acheivements.     Since  1859  our  old  banner  has  never 

w«T        1  r     _ .  _1_  i     *U,.    ^^^A     Ar»Uf       l/-,i-f     inrl 

touched  the  giuuiiu.     wc  nave  iLiUj^iii  i.::c  o'-"-"-  ■■h-—)  "'",  

won  our  battle,  but  have  never  been  discredit-d.     We  have 


INDUSTRIAL  UNIONISM 


419 


built  up  an  orRanization  that  extends  to  all  parts  of  the  molfling 
industry,  from  llu-  (iulf  of  Mexico  to  the  northern  end  of  civili- 
zation." Another  appeals  to  the  practical  ditTiculties  of  such 
an  amalgamation.  "The  more  skilled  a  group  of  workmen 
become,  a  greater  number  of  purely  craft  (|uestions  arise  which 
only  men  of  their  craft  are  competent  to  decide.  The  molder 
would  be  no  more  competent  to  pass  upon  a  (|uestion  of  what 
caused  a  poor  weld  than  the  blacksmith  would  be  to  point  out 
the  cause  of  the  warping  or  crackin'^  of  a  casting.  Tlu-  eie(  trical 
worker  would  be  no  more  comjietent  to  determine  who  was 
to  blame  if  a  boiler  leaked  than  a  boilermaker  would  be  in 
endeavoring  to  place  the  responsibility  for  a  faulty  insulation. 
The  disputes  which  arise  between  employers  and  mechanics 
over  technical  trade  matters  are  far  more  numerous  than  all 
others  put  together." 

On  the  other  hand,  it  was  urged  that  many  of  the  unions  are 
already  amalgamations  and  that  the  proposed  larger  one  is 
but  another  step  in  the  same  direction.  The  core  makers  have 
been  absorbed  by  the  molders.  The  Molders  Union  includes 
machinery  molders,  stove  molders,  brass  molders,  bench  molders 
as  well  as  core  makers,  and  each  of  these  is  becoming  more  and 
more  a  separate  craft  or  trade.  With  such  an  amalgamation 
as  proposed  there  would  be  no  longer  any  "  fear  of  union  pattern 
makers  making  patterns  for  the  molders  who  take  our  places 
when  on  strike  or  of  union  machinists  finishing  the  castings 
made  by  struck  shops."  Some  go  even  further  and  urge  that 
foundry  laborers  should  be  taken  in  as  members.  "  How  often," 
it  is  argued,  "the  helpers  and  laborers  in  the  foundry  have  been 
used  to  break  the  strikes  of  the  molders,  while  if  they  had  been 
amalgamated  with  the  I.  M.  U.  they  would  have  been  out 
with  the  molders  lighting  in  the  union's  cause."  The  vote  cast 
on  this  referendum  wa?  1,946  in  favor  of  amalgamation  and 
10,758  against,  showing  .  majority  of  8,812  opposed  to  the  pro- 
posed plan  of  amalgamation. 

The  Cigar  Makers.  —  The  Cigar  Makers  International  Union 
at  its  last  convention  was  called  upon  to  consider  resolutions 
favoring  industrial  unionism.  The  result  was  a  pronounced  de- 
feat for  the  industrial  advocates.  A  strong  set  of  resolutions  was 
adonted  setting  forth  in  elaborate  form  the  position  of  this  union. 
The  American  trade-union  movement,  it  was  declared,  is  one  of 


I 


420 


AN   INTRODUCTION  TO  STl'DY  OF  OKOAMZID  LAROR 


constant  Rrowtli,  dcvelopnu-nt  and  expansion.     The  American 
Federation  of  Labor  has  heen  the  most  benet'icial  orRani/ation, 
furlhirin^  in  every  practical  way  the  "unity,  solidarity  and 
fraternity  of  the  organized  workers"  and  stimulatinR  "closer 
cuiperalion,   federation,   and   amalRamation   of  existing   trade 
unions."     The  iM)licy  was  endorsed  of  forming  central  bodies, 
state  federations,  and  industrial  departments  for  federation  and 
cociperation.     Further,  the  resolutions  declared  that  "there  is 
still  much  to  do,"  I'Ut  they  "repudiate  the  insinuation  which  is 
implied  by  the  term  Industrial  Unionism  as  it  is  employed  in 
antagonism  to  Trade  Unionism."    "The  advocates  of  so-called 
Industrial  Unionism  imply  in  their  slogan  that  the  trade  unions 
are  rigid  and  do  not  advance,  develop  or  expand,  whereas  the 
whole  history  of  the  trade-union  movement  in  the  past  thirty 
years  hi^  demonstrated  beyond  contradiction  that  there  is  not 
a  day  which  i)asses  in  the  trade-union  movement  in  America  but 
which  witnesses  the  highest  and  loftiest  spirit  of  sacrilice  in  order 
to  caiperate  with  our  fellow  workers  for  their  interest  and  com- 
mon uplift."    Finally  the  delegates  J  the  organization  to  future 
conventions  of  the  American  Federation  of  Labor  Acre  instructed 
"to  continue  to  do  all  in  their  power  to  have  the  work  of  more 
thoroughly  organizing  the  unorganized  workers  purrued  to  its 
fullest  extent;  to  urge  upon  the  organized  workers  a  more 
thorough  coiiperation;  to  advocate  amalgamation  of  organiza- 
tions of  kindred  trades  and  callmgs  to  a  more  thorough  federa- 
tion of  all  organized  labor." 

This  attitude  is  made  more  clear  in  its  practical  phase  by  the 
announcement  of  an  amalgamation  of  the  National  Stogie 
Makers  League  and  this  same  Cigar  Makers  International 
Union.  Thir.  was  effected  through  the  agency  of  the  Executive 
Council  of  the  American  I'ederation  of  Labor.  Terms  were 
agreed  to  by  the  joint  cnnference  by  which  the  members  of  the 
Stogie  Makers  League  were  to  be  admitted  to  the  Cigar  Makers 
Union  without  the  payment  of  an  initiation  fee,  provided  the 
local  unions  of  stogie  makers  place  their  funds  in  the  general 
funds  of  the  International  Union.  Those  who  favor  industrial 
unionism  will  claim  that  this  is  a  distinct  step  toward  that  goal, 
while  the  trade-union  advocates  will  explain  it  as  nothing  more 

LiliiU    a   CiOScF    Uiiion    or   CVCii    u,:;    a;::— if^^-i;— •--"—    j-!-  •  :^-     *' 

interests  of  the  trade.    Whichever  it  may  be,  the  change  is  clearly 


INDUSTRIAL  UNIONISM 


4at 


a  step  in  .fio  dirt'ctioii  of  fewer  unions  and  more  cliarly  defined 
jurisdiction  within  an  industry.  Stories,  cheroots,  tobies  and 
cigars  all  come  now  within  the  control  of  the  Vl^.ir  Makers 
Union,  '.he  National  Stogie  Makers  Leaj^ue  on  the  date  tixed 
"automatically  disbands  and  ceases  to  exist  as  nuc  h."  The  laws 
of  the  Cif^ar  Makers  Unioi.  f^overn  "all  local  unions  and  mem- 
bers, regardless  of  tlie  branch  of  industry  of  which  tin  y  are  made 
uj)  or  in  which  the\  are  employed."  "All  pro|)ertie,  and  funds 
of  the  National  Stogie  Makers  League  (not  otherwi^'  deter- 
mined by  the  agreement)  shall  be  forwarded  to  the  headtjuarters 
of  the  Cigar  Makers  International  Union." 

Will  Industrial  Unionism  Become  General?  -  It  appears 
that  industrial  unionism  has  received  a  new  impetus.  Whether 
or  not  it  is  to  become  general  is  a  matter  of  pro[)hecy  rather  than 
description.  It  has  been  shown  that  a  few  unions  are  now  or- 
ganized on  the  basis  of  industrialism.  In  other  insta.  .'s  there 
are  distinct  tendencies  in  that  direction.  It  should  not  be  taken 
to  mean,  however,  that  the  future  will  see  a  general  movement  in 
the  ranks  of  all  unionism  toward  the  industrial  basis  of  organiza- 
tion. There  is  too  great  variety  in  the  interests  and  'he  activ- 
ities of  the  various  trade  unions  to  justify  one  in  expecting  this. 
For  some  time  to  come  the  trade  autonomists  will  in  most  of  the 
unions  hold  their  own.  The  appeal  to  the  past  is  si  ill  made  with 
moving  etT<'ct.  "  It  is  all  well  and  gocxJ,"  runs  one  oi  the  appeals, 
"  for  some  of  the  young  fellows  who  have  conu  into  this  organiza- 
tion with  conditions  that  were  never  dreamed  of  years  ago,  but 
which  thousands  of  us  old  codgers  have  been  fighting  all  our 
lives  to  obtain,  and  it  comes  witli  poor  grace  for  others  to  propose 
giving  away  that  which  they  never  sacrificed  for,  but  which  we 
fought  so  hard  to  obtain,  and  I  am  ciuite  satisfied  that  the  old 
members  of  our  organization,  and  there  are  thousands  yet  in  the 
fold,  who  will  never  under  any  circumstances  permit  that  which 
our  sires  and  we  have  fought  for  to  be  given  away  by  those  who 
cannot  realize  the  sacrifices  we  made.  We  were  out  on  the  tiring 
line  and  fighting  ofttimes  without  the  wherewithal  to  keep  our 
stomach  and  backbone  apart  before  (this  young  group)  was  ever 
dreamed  of,  and  what  we  fought  and  won  and  have  we  will  not 
let  those  who  came  in  and  inherited  give  away."  Such  sentiment 
is  of  course  natural  and  the  frequency  of  its  expression  in  various 
forms  indicates  clearly  that  there  are  conservatives  as  well  as 


I 


42  2 


AX  IXTKOUUCTION    !0  STUDY  OF  ORCiAXIZKD  LABOR 


progressives  within  the  ranks  of  organized  labor.  The  old 
struggle  with  the  Knights  of  Labor,  the  skill  and  diplomacy  that 
have  been  necessary  in  building  up  an  American  Federation  of 
Labor  made  up  of  afliliated  and  autonomous  national  trade 
unions  have  left  a  deep  and  lasting  impression  in  the  minds  of  the 
older  men  among  the  leaders.  Trade  autonomy,  to  them,  is 
synonymcms  with  the  very  existence  and  perpetuity  of  the  labor- 
union  movement. 

Position  of  Trade  Union  Advocates.  —  Endorsing  the  posi- 
tion that  the  trade  autonomist  takes  are  some  very  real  facts  of 
industry.  The  various  organizations  have  divergent  as  well  as 
common  interests.  Skilled  crafts  and  unskilled  workmen  have 
rivalries,  competitions  and  other  ditlering  interests.  The  un- 
skilled workman  may  be  looking  for  promotion.  The  skilled  does 
not  want  his  position  open  to  such  competition.  Skilled  workers 
may  aim  to  secure  increases  of  wages  even  at  the  expense  of 
their  less  skilled  associates  in  the  industry.  Or  the  unskilled  may 
be  plotting  for  indeiiendent  wage  increases.  Union  dues  cannot 
be  paid  with  equal  ease  by  both  classes.  Benefit  funds  of  various 
sorts  can  be  adjusted  to  different  ages  and  ditTerent  risks  only 
with  the  most  complex  arrangements.  Strikes  in  sympathy  are 
not  cordially  entered  upon.  There  o'e  undoubtedly  aristocrats 
among  laborers,  and  human  nature  asserts  itself  here  in  very 
much  the  usual  way.  Self-interest  first  and  altruism  second 
takes  the  form  of  trade  or  craft  first  and  labor  second. 

Position  of  Industrial  Union  Advocates.  —  The  industrial 
unionists  are  aggressive  and  urge  their  cause  with  great  practical 
force.  E.xperience  to  ihem  is  a  thorough  teacher.  They  point 
to  union  firemen  working  for  non-union  locomotive  engineers 
and  union  engineers  teaching  strike-brea':ing  locomotive  firemen 
to  tire  locomotives.  In  the  strike  of  m.eal  [mckers  in  the  summer 
of  1004  the  engineers  and  firemen  remained  at  work  keeping  the 
refrigerating  plant  "alive"  to  preserve  the  abundant  stock  of 
meat  on  hand.  They  were  asked  to  leave  the  job,  but  by  the 
time  they  had  referred  the  request  to  their  own  union  officials 
and  had  finally  secured  i)ermission  to  strike,  the  employers  had 
provided  for  others  to  take  their  places.  The  strike  was  lost  and 
the  AmalgamatL'd  Meat  Cutters  and  Butcher  Workmen  have  al- 
way    'nsisted  that  the  failure  was  due  tt)  the  lack  of  coiiperation 

„  .u^  *  ,,f  «u..  .,„^;r,.>«>ri:  ind  ("iri>ni<<n      In  thc  mort'  detiiilt'H 


mam 


INDUSTRIAL  UNIONISM 


423 


account  of  the  evenis  connected  with  the  meat  packing  industry, 
the  point  has  been  still  more  forcibly  made  by  the  industrialists. 

"The  meat  wagon  drivers  of  Chicago  were  organized  in  1902. 
They  made  demands  for  better  pay  and  shorter  hours.  Un- 
checked by  any  outside  influence  they  walked  out  on  strike. 
They  had  the  supi)ort  of  all  other  workers  in  the  packing  houses. 
They  won.  But  before  they  resumed  work  the  big  packing  firms 
insi'ted  that  they  enter  into  a  contract.  They  did.  In  that 
contract  the  teamsters  agreed  not  to  engage  in  any  sympathetic 
strike  with  other  em|)loyees  in  the  plants  or  stockyards.  Not 
only  this,  but  the  drivers  also  decided  to  split  their  union  into 
three.  They  then  had  the  Bone  and  Shaving  Team^^ters,  the 
Packing  House  Teamsters,  and  the  Meat  Delivery  Drivers. 

''Encouraged  by  the  victory  of  the  tea.nsters,  the  other 
workers  in  the  packing  houses  then  started  to  organize.  But 
they  were  carefully  advised  not  to  organize  into  one  body,  or  at 
the  best  into  one  National  Trades  Union.  They  had  to  be  di- 
vided up,  so  that  the  employers  could  exterminate  them  all 
whenever  op{)ortunity  presented  itself. 

"Now  observe  how  the  dividing-up  process  worked.  The 
teamsters  were  member?  of  the  Ir  rnational  Union  of  Team- 
sters. The  engineers  were  connected  with  the  International 
Union  of  Steam  Engineers.  The  firemen,  oilers,  ash-wheelers 
wert'  ganized  in  the  Brotherhood  of  Stationary  Firemen.  Car- 
penters employed  in  the  siock  yards  permanently  had  to  join  the 
Brotherhood  of  Carpenters  and  Joiners.  The  pipe  and  steam 
fitters  were  members  of  another  national  union.  The  sausage 
makers,  the  packers,  the  canning  department  workers,  the  beef 
butchers,  the  cattle  butchers,  the  hog  butchers,  the  bone  shavers, 
etc.,  each  craft  group  had  a  separate  union.  Each  union  had 
ditTcrent  rules,  all  of  them  not  permitting  any  infringements  on 
then  by  others.  Many  of  the  unions  had  contracts  with  the 
emjiloyers.  These  con ti acts  expired  at  different  dates.  .Most 
of  ihe  contracts  contained  the  clause  of  no  support  to  others 
when  engaged  in  a  controversy  with  the  stock  yard  com- 
panies." 

It  is  needless  to  point  out  furt^  illustrations  of  this  situation. 
There  caii  be  no  doubt  that  I'.c  industrial  unionists  make  a 
strong  point  in  showing  this.  It  is  not  alone  lack  of  cooperation. 
It  's  the  use  of  one  trade  union  to  defeat  the  ends  of  another. 


11 


HMm 


424    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Not  only  would  strikes  be  more  efTective,  claim  the  indus- 
trialists/but boycotts  could  be  pushed  with  greater  yigor  When 
the  t>-peseitcrs'were  pushing  a  boycott  of  a  paper  and  urgmg 
readers  not  to  buy,  the  pressmen  would  agree  with  them  mstead 
of  placing  their  endorsement  on  a  product  that  other  workmen 
were  condemning  as  non-union.  So  with  the  support  of  the 
union  label.  And  still  further,  it  is  urged  that  the  questions  of 
promotion  would  be  more  easily  adjusted:  -  firemen  to  en- 
Leers,  trainmen  to  conductors,  hod  carriers  to  masons,  black- 
smiths helpers  and  others;  all  these  now  afford  opportumties  for 
discord  where  harmony  should  prevail.  _ 

The  membership  of  the  American  Federation  of  Labor  con- 
tains a  strong  minority  of  those  in  fayor  cf  industrial  umonism. 
This  minority  is  active,  vigilant  and  seems  to  be  growing  in 
numbers.     More,  rather  than  less,  wiU  be  heard  of  industrial 

unionism.  .      .,,  ,      .  ^.i 

Conclusions.  -  It  does  not  appear  that  it  will  be  the  prevail- 
inn  type,  however.    The  solution  is  being  slowly  worked  out  in  an 
experimental  way  and  changes  are  constantly  occurring.     Al- 
ready there  is  coming  into  currency  the  new  phrase    amalgama- 
tion'of  related  trades."     This  means  compromise  so  far  as  1 
represents  the  struggle  between  the  trade  and  the  mdustrial 
unionist.    It  means  also  better  adjustment  and  more  efTective 
working  relations  in  cases  where  the  common  interests  dominate 
over  the  rivalries.    Amalgamation  is  used  with  varying  shades 
of  meaning.    The  industrialist  uses  it  as  representing  essentially 
the  idea  for  which  he  stands.    The  trade  autonomists,  on  the 
contrary,   freely   talk   about   amalgamation   while   vigorously 
denouncing  industrialism.    In  this  field  of  constant  change  it  is 
not  so  much  the  name  as  it  is  the  fact  that  is  of  greatest  im- 
portance.   A  closer  union  upon  some  practical  working  basis  ot 
trade  workers  who  now  find  themselves  at  a  disadvantage  in 
collective  bargaining  because  of  rivalries  is  quite  sure  to  go  for- 
ward.   To  apply  only  so  radical  a  remedy  as  is  necessary    o 
effect  a  cure  is  on  the  whole  a  wise  policy.    Hence  exist  city 
centrals,  state  federations,  trade  councils,  and  trade  depart- 
ments, as  means  of  bringing  about  cooperation.    In  some  lines 
these  succeed  and  so  thoy  are  sufficient.    In  other  lines  they  are 
not  enough.    Therefore  something  else  must  be  done^  Arna  1- 
^•a-ntif^r.  is  more  radical  but  it  becomes  necessary.    Where  this 


INDUSTRIAL  UNIONISM 


42s 


in  turn  proves  ineffective,  still  stronger  measures  are  inevitably 
suggested.  As  necessity  seems  to  require  it,  they  will  be  adopted. 
This  will  mean  no  sudden  or  universal  shifting  from  trade  to 
industrial  unionism.  There  will  be  irregular  changes,  and 
these  will  come  in  each  line  separately  as  expediency  seems  to 
demand. 


il!ll 


CHAPTER  XXMI 
REVOLUTIONARY  INDUSTRIAL  UNIONISM 

The  arrangement  of  the  present  chapter  following  the  two 
previous  c-es  may  suggest  that  this  one  is  to  treat  of  industrial 
unionism  carried  a  step  farther.  It  is,  in  fact  that,  but  it  is 
more  The  step  farther  leads  into  new  helds  of  very  different 
fertilitv  Yielding  a  product  that  i^  quite  strange.  Revolutionary 
industrial  unionism  is  the  name  of  a  movement;  the  Industrial 
Workers  of  the  Workl,  the  name  of  an  organization;  and  Syn- 
dicalism, of  a  philosophy.  All  three  of  these  one  finds  strangely 
compounded  into  a  mixture  which  if  not  entirely  new,  has  some 
new  features  and  many  strange  ones. 

To  the  casual  observer  it  may  have  appeared  that  ten  years 
ago  there  sudchnlv  sprang  into  existence  a  new  thing  made  out  o 
whole  cloth  and  never  before  dreamed  of  l;y  man.  The  Industrial 
Workers  of  the  World  was  a  surprise  to  many  in  1905,  its  first 
appearance,  and  has  been  a  continuous  surprise  to  some  ever 
since  As  a  matter  of  fact  this  new  organizat  ion  has  its  place  in 
the  development  of  events  and  this  development  constitutes  a 
chain  with  related  links  extending  both  forward  and  back  It 
will  be  convenient  tt)  speak  of  the  organization  first,  the  philos- 
ophv  next,  and  then  the  movement. 

The  Organization.  —  It  has  been  shown  in  a  former  chapter 
that  the-  are  manv  phases  or  varieties  of  industrial  unionism. 
Many  experiments'  have  been  made  and  many  adjustments 
tried' for  the  purpose  of  finding  its  best  form.  Some  have  felt 
that  there  must  be  a  form  that  could  be  generalized  and  adapted 
to  all  industry.  Ti,is  effort  has  led  to  some  interesting  experi- 
ments. .  ,  ,  r  tu 
New  Line-up  of  Forces.  -  There  was  in  the  last  years  of  the 
nineteenth  century  an  importan*  change  in  the  hne-up  of  indus- 
trial forces.  A  new  struggle  was  opening.  While  \liL\in'tia 
events  in  the  career  of  the  Industrial  Workers  of  the  World 

appeared  io  iiiiiii\  a.i  tnc  iiisi  cuiijir.!.-.  vi  -.i::-  :••  •• r 

426 


REVOLUTIONARY  INDUSTRIAL  UNTOMSM 


4^7 


cannot  be  properly  understood  as  the  disconnected  appearan(  e 
of  a  new  movement.  The  feelinj;  on  which  it  was  baseti  was 
manifest  in  introductory  events. 

Beginnings.  —  The  strength  of  the  Knights  of  Labor  was 
passing.  Its  successful  rival,  the  American  Federation  of  Labor, 
was  steadily  increasing  its  intluence.  This  may  be  interpreted  as 
the  passing  of  the  labor  union  and  the  rise  of  the  trade  union.  Yet 
it  was  not  so  simple  as  that.  There  were  groups  of  active  union 
nen  who  could  fmd  no  place  in  the  trade-union  scheme.  They 
were  not  the  kind  to  disband  because  of  this.  Industrial  union- 
ism presented  the  way  out  and  they  seized  upon  it.  The  brewery 
workers  in  1887  changed  their  name  from  the  Brewers  Union  to 
the  National  Union  of  United  Brewery  Workmen  and  insisted 
upon  including  in  the  membership  all  who  worked  in  the  brew- 
eries, regardless  of  special  trades.  Thus  it  became  a  pure  indus- 
trial union. 

In  1893  was  formed  the  Western  Federation  of  Miners,  an 
organization  that  has  taken  a  prominent  place  in  labor  activities 
in  the  west.  Its  membership  was  made  up  from  among  the 
hardy  pioneers  largely  of  native  American  stock,  possessed  of  a 
high  degree  of  independence  and  aggressiveness.  They  embodied 
a  new  spirit  of  unionism  conibinii;:^  the  industrial  form  of 
organization  with  strong  socialist  tendencies  and  a  determination 
to  take  a  part  in  politics. 

As  a  party  the  Socialists  had  been  making  eager  efforts  to 
dominate  both  the  Knights  of  Labor  and  the  American  Federa- 
tion of  Labor.  Failing  in  this,  the  leaders  of  the  Socialist  Labor 
Party,  in  1895,  brought  into  existence  a  labor  organization  that 
would  be  socialist  in  spirit.  This  was  named  the  Socialist  Trade 
and  Labor  Alliance  and  it  did,  in  fact,  work  in  close  cooperation 
with  the  Socialist  Labor  Party. 

Other  events,  too,  were  exercising  a  very  real  influence.  The 
Homestead  strike  of  1892,  the  Coeur  D'.\lene  strike  in  1S03  and 
the  Pullman  strike  in  1894  left  deep  impressions,  (^lurt  activity 
in  freely  granting  injunctions  to  employers  who  were  xeking  to 
resist  strikes  and  break  boycotts,  legislation  of  a  restricted 
character  and  cases  against  unions  successfully  prosecuted  at 
court;  these  are  some  of  the  developments  that  shaped  the  tem- 
per of  the  more  aggressive  labor  leaders  and  incited  them  to 
juure  vigorous  mcasmes. 


ill! 


'It 

I  lit 


428    AN  INTROUUCTIOX  TO  STUDY  OF  ORGANIZED  LABOR 

Coming  together  in  larger  groups  the  leaders  in  1898  formed 
the  Western  Labor  Union,  from  among  the  large  numbers  of 
unskilled  laborers.  Tills  new  organization  was  dommated  by 
the  spirit  of  the  Western  Federation  of  Miners,  a  new  t>Te  of 
uni.mism.  Its  aggressiveness  led  it  to  look  10  the  east  and  see  an 
opportunity  there.  The  outcome  of  this  was  again  another 
organization,  this  time  the  American  Labor  Union,  formed  in 
igo2,  based  on  the  spirit  of  the  western  unions  and  looking 
eastward  for  a  greater  membership. 

This  was  the  situation  in  1905.    It  will  be  clear  that  certain 
elements  of  the  labor  movement  had  been  left  out  in  the  cdd  by 
the  passing  Knights  of  Labor  and  that  they  could  not  affiliate 
vdth  the  rising  Federation  of  Labor.    These  elements  had  bu 
few  interests  in  common,  as  later  developments  have  proved,  yet 
one   fact   impressed   them   all,   industrialists,   socialists,  anti- 
politicalists  and  anarchist,  alike;  namely,  they  were  not  making 
etTective  progress  in  their  common  warfare  against  capitalism. 
Conferences  and  Manifesto.  -  Informal  and  secret  confer- 
ences of  leaders  soon  resulted  in  a  determination  that  something 
effective  must  be  done.    A  more  formal  conference,  in  January, 
iqoq    became  known  as  the  Industrial  Union  Congress.     Fol- 
lowing a  call  issued  broadcast  to  unionism  a  convention  was 
assembled  in  the  eariy  summer  of  the  same  year  and  the  Indus- 
trial Workers  of  the  Worid  came  into  existence.  .,     .      .    , 
The  Januarv  conference  was  of  importance  primarily  m  that 
it  finally  determined  upon  the  need  for  a  new  organization,  laid 
out  the  lines  along  which  it  should  be  formed  and  fixed  a  tune 
for  a  meeting  to  organize  the  new  association.    It  was  all  summed 
up  in  a  manifesto  issued  and  signed  by  twenty-seven  persons. 
Though  somewhat  lengthy  it  did  not  announce  much  that  was 
new     It  was  broad  enough  to  receive  the  endorsement  of  several 
shades  of  belief.    On  the  negative  side,  its  first  declaration  was 
the  increasingly  familiar  one  of  denunciation  of  the  current  capi- 
talist system.    Human  skill  is  being  displaced  by  machines  and 
the  power  of  the  capitalist  is  being  steadily  strengthened  by 
the  increase  in  control  over  such  machines.     As  an  immediate 
result  "trade  division  among  laborers  and  competition  among 
capitaHsts    are    alike    disappearing."      "New    machines,    ever 
.-.!—:_.. !....-  ^.^...J:-..-*:-.-."  f-.npi.  wine  out  whoU-  trades  and  plunge 
new 'bi^ier'of'\TOrkers' into  the  ever-growing  army  of  tradeless, 


REVOLUTIONARY  INDUSTRIAL  UNIONISM 


429 


hopeless  unemployed.'  Such  conditions  are  being  encouraged 
by  capitalists  who  favor  every  effort  to  subdivide  the  trades 
while  combining  themselves  into  more  effective  associations. 
"The  employers'  line  of  battle  and  methods  of  warfare  corre- 
spond to  the  solidarity  of  the  mechanical  and  industrial  concen- 
tration, while  laborers  still  form  their  fighting  organizations  on 
lines  of  long-gone  trade  divisions."  "This  worn-out  and  corrupt 
system  offers  no  promise  of  improvement  and  adaptation. 
There  is  no  silver  lining  to  the  clouds  of  darkness  and  dc>pair 
settling  down  upon  the  world  of  lalwr."  Such  a  situation,  it 
is  asserted,  renders  industrial  solidarity  impossible.  Union 
men  scab  against  union  men;  hatred  of  worker  for  worker  is 
engendered,  and  the  workers  are  delivered  helpless  and  dis- 
integrated into  the  hands  of  the  capitalists."  The  unions  set 
up  barriers  by  way  of  initiation  fees,  union  cards  and  union 
labels  which  stand  in  the  way  of  general  cooperation.  These 
"hinder  the  growth  of  class  consciousness  of  the  workers,  foster 
the  idea  of  harmony  of  interests  between  employing  exploiter 
and  employed  slave."  Turning  from  the  criticisms  of  things 
as  they  are,  it  is  declared  that  "universal  economic  evils  afflict- 
ing the  working  class  can  be  eradicated  only  by  a  universal 
working  class  movement.  ...  A  movement  to  fulfill  these 
conditions  must  consist  of  one  great  industrial  union  embracing 
all  industries,  providing  for  craft  autonomy  locally,  industrial 
autonomy  internationally  and  wage-class  unity  generally.  It 
must  be  founded  on  the  class  struggle,  and  its  general  adminis- 
tration must  be  conducted  in  harmony  with  the  recognition  of 
the  irrepressible  conflict  between  the  capitalist  class  and  the 
working  class."  Then  follow  the  main  features  of  a  proposed 
organization  which  should  be  formed  to  carry  forward  the 
principles. 

Elements  Represented.  —  At  the  appointed  time  those  who 
responded  to  the  appeal  came  together.  The  group  consisted 
of  two  hundred  delegates  from  thirty-four  local,  state,  district 
and  national  organizations  and  representing  more  than  forty 
distinct  occupations  or  trades.  The  memberships  of  the  repre- 
sented associations  totaled  a  little  less  than  150,000,  though 
delegates  fully  authorized  to  enroll  their  constituents  in  the 
new  proposed  organization  represented  only  slightly  over 
50,000.    The  Western  Federation  of  Miners,  with  a  member- 


430    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ship  of  27,000.  was  represented  by  s  delegates;  the  American 
Labor  Union,  with  16,750.  ^ent  29  delegates;  the  Lmted  Meta 
Workers,  ^,000  strong,  sent  2;  the  United  Brotherhood  of 
Railway  Kmployees,  2,oS7  in  number,  was  represented  by  19 
delegates;  and  the  Socialist  Trade  and  Labor  Alliance,  with 
i,4SO  members,  had  14  delegates.  This  gives  for  the  Big 
Five"  a  total  of  50,287  members  and  69  delegates.  As  the 
voting  strength  was  assigned  on  the  basis  of  members  repre- 
sented it  will  api,ear  that  the  Western  Federation  of  Miners 
held  the  controlling  vote,  though  only  5  delegates  sat  in  the 

conference.  ,  ,      ,      ^, 

An  Organization  Formed. -The  preamble  to  the  con- 
stitution of  the  new  Industrial  Workers  of  the  World  was  a 
mildlv  e.xpressed  summary  of  the  Manifesto  issued  by  the 
lanuarv  conference.  It  contained  one  clause  that  proved  to 
be  ambiguous  and  that  figured  prominently  in  the  succeedmg 
conventions.  This  clause  declared  that  between  the  working 
class  and  the  employing  class  "a  struggle  must  go  on  until  all 
the  toilers  come  together  on  the  political  as  well  as  on  the  indus- 
trial held,  and  take  and  hold  that  which  they  produce  by  their 
labor  through  an  economic  organization  of  the  working  class 
without  affiliation  with  any  political  party."  It  w.11  be  noticed 
that  reference  is  here  made  to  the  necessity  of  pohtical  as  well 
as  industrial  action,  though  there  must  be  no  affiliation  with 

existing  parties. 

The  constitution  contained  the  structure  cf  the  new  union 
and  provisions  for  its  administration.     Large  powers  rested  m 
the  convention.    The  General  President,  the  General  Secretary, 
Treasurer  and  a  General  E.xecutive  Board  were  provided  for; 
these  having  wide  powers.    The  organization  itself  was  to  be 
divided   into  thirteen  international  industrial  divisions,  sub- 
divided into  industrial  unions  of  "closely  kindred  industries. 
Provision  was  made  for  a  "Universal  Label"  for  the  organiza- 
tion    All  member  inp  books,  official  buttons,  labels  and  badges 
were  to  be  of  uniform  design.    There  was  to  be  free  mterchange 
of  cards  between  subordinate  organizations,  and  any  paid-up 
membership  card  was  to  be  accepted  as  initiation  without  fee 
in  any  other  recognized  union.  ,        .  ,• 

Spirit  and  Persouautiea  01  iviy.ciiic:;-..      .injr^^" -r 

of  the  emergence  of  the  Industrial  Workers  of  the  World  from 


n 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  431 

the  confusion  of  this  pericxl  would  l)c  inadequate  if  it  confined 
itself  alone  to  preambles,  constitutions  and  foimal  declarations 
of  conferences  and  conventions.  Both  the  strength  and  the 
spirit  of  the  Industrial  Workers  rested  on  the  personalities 
of  its  group  of  leaders.  The  tivc  men  who  dominated  the 
January  conference  were  William  D.  Haywood,  ICugene  \^ 
Debs,  William  E.  Trautmann,  Daniel  DeLeon  and  A.  M.  Si- 
mons. Soon  Vincent  St.  John  joined  the  group.  Of  the.se  men 
all  were  members  of  the  Socialist  Party  except  two.  Daniel 
peLeoii  was  a  leader  of  the  Socialist  Labor  Party  and  William  E. 
Trautmann  represented  the  anti-political  element.  These  were 
all  men  of  seasoned  experience,  bom  leaders  with  an  idealism 
that  has  furnished  them  the  "vision"  and  a  practical  turn  born 
of  close  associations  with  the  turbulent  and  often  unsuccessful 
movements  of  the  day. 

Developing  Discord.  —  Begun  under  apparently  favorable 
auspices  and  aggressive  leadership,  with  a  claimed  membershif) 
of  100,000  at  the  end  of  the  first  year,  with  active  organizers  in 
the  field  and  a  lively  weekly  paper,  the  new  organization  which 
had  promised  so  well  was  soon  on  the  rocks  of  discord.  .At  the 
second  convention,  factional  strife  led  to  an  etTort  to  depose  the 
president;  to  his  resistance  to  the  movement  and  to  his  fmal 
withdrawal  from  the  organization  together  with  the  Western 
Federation  of  Miners.  The  arrest  of  Haywood  in  iqoO  left 
a  position  of  leadership  difficult  to  till.  A  second  dissension 
broke  out  in  1908,  this  time  over  political  policies.  The  political 
element  in  the  leadership  insisted  that  the  Industrial  Workers 
be  committed  formally  to  political  action.  This  was  opposed 
by  the  anti-political  element.  But  the  political  unionists  were 
divided  and  in  rivalry.  The  Socialist  Party  and  the  Socialist 
Labor  Party  were  both  bidding  for  the  support  of  the  laborers' 
votes.  DeLeon  and  Simons  became  distrustful  each  of  the 
other.  The  victory  was  won  by  the  anti-[)olitical  wing  and  in 
1Q08  the  Industrial  Workers  was  put  on  a  non-political  basis, 
the  preamble  was  changed  accordingly  and  a  more  distincti\  ely 
revolutionary  spirit  characterized  the  movement. 

With  reference  to  political  action  the  preamble  now  declared 
that  "a  struggle  must  go  on  until  the  workers  of  the  world  or- 

of  production  and  abolish  the  wage  system."    The  earlier  refer- 


ill 


r 

'  i  iAJt,  i 

/ 

43.     AN   INTRODUCTION  TO  STUDY  OF  ORGANIZKD  LABOR 

.  .  thr  weakncs^e.  of  Iradc  unionism  and  its  misleading  of 

the  work    s-nt     the  belief  that  the  working  class  have  m- 

e  essin    ommon  with  their  employers'  gave  way  to  a  mor^ 

1    1  ,..;,  n      "Instead  of  the  conservative  motto,    A 

r'T"'    w^^'.  fa        y-    work,'  we  must  inscr.be  on  our 

L"nnt^;     'e\>      ionary  watchword,  'Abolition  of  the  wage 

vstem        t  is  the  historic  mission  of  the  workmg  class  to  do 

system,      u  1.   i  production  must  be  or- 

away  wUh  -P' f  ^^  J^ery  da^  slruggle  with  capitalists, 

wet  J<rf„d.he  group  ..^  definitely  --IJ^^^J"  '  -« 

radical  program,  most  of  the  «8"»;-  '"f, J  '''*7„^:™?he 
determined  group  otrevou-^ao-l-^^^^^^ 

WorkS  and  thrAm.  an  Labor  Union  were  "really  more 
shadow  than  substance  .      „  _  g^t^e  following  the 

fortS:  o'Xtrstria^^Sra  step  further,  the  .^^ 
tone"  of  the  political  struggle  should  be  pomted  out  Those 
"t    f         °  J-  ca'efullv  analvzed  the  elements  present  at  the 

group  '"'^ Z^"™  '"  [.  J  p„j     has  come  into  aggressive  leader- 
rhir»"hMtT?au?ma?n!a^;voIution^ 

=»^^r,rlint/  the  former's  efforts.  .         ,..„j  ^^ 

"  The"  matter  came  to  a  climax  ^ }f '"TT;'^^^'^ 
seat  a  representative  from  the  Socialist  Labor  Party. 


REVOLUTIONARY  INUUSTklAL  UNIONISM 


433 


facti>  ;i  withdrew  and  called  a  convention  at  Detroit.  This 
faction  .,as  continued  the  name  and  professes  tu  be  the  original 
(irRanizatii  n.  The  result  is  that  there  are  two  separate  organi- 
zations both  under  the  name  Industrial  Workers  of  the  World. 
The  smaller  one  is  known  as  the  Detroit  Branch  and  is  the 
Socialist  Labor  wing  of  the  move  ment.  The  other  is  known  as 
the  Chicago  Branch  and  repr'sents  the  more  radical  anti- 
political  or  direct  actionist  group.  It  is  called  by  some  the 
anarchist  f'^oup.  Each  organi.:ation  still  maintains  its  head- 
quart(  one  ai  Detroit  and  the  other  at  Chicago,  and  each 
has  its  afT  of  officei .-,,  its  paper  and  its  program.  The  organi- 
zation most  gencally  referred  to  when  the  name  is  used  is  the 
Chicago  Branch. 

The  first  f"ur  years  of  life  had  left  the  Industrial  Workers 
but  a  shadow  of  its  former  self.  The  Brewery  Workers,  though 
retaining  their  industrial  unionism  had  been  readmitted  into 
the  American  Federation  of  Labor.  The  Western  Federation 
of  Miners  was  tending  in  the  same  direction  and  has  since  been 
granted  a  Federation  charter.  In  «hort,  as  Levine  sums  it  up, 
"The  enthusiasm  which  the  I.  W.  W.  at  tir  t  awakened  had 
been  steadily  subsiding  during  the  first  two  years  of  its  existence. 
The  revolutionary  elements  in  the  labor  and  socialist  move- 
ments now  regarded  it  with  disappointmei  and  distrust,  -phe 
I.  W.  W.  had  shrunk  to  a  mere  handful  of  leaders,  revolutionary 
in  spirit  and  ideals  and  persever  ng  'n  action,  with  a  small, 
scattered  and  shifting  following  a. id  ^  unsatisfactory  admini- 
strative machinery." 

The  New  Following.  —  Such  a  situation  .nspired  rather  than 
baflBed  these  leaders.  They  would  find  a  following.  Indeed 
there  was  one  at  hand  that  would  respond  readily  to  their 
urgings.  The  unskilled  and  unorganized  laborers  had  noi  been 
receiving  much  attention  from  leaders  of  ability  and  force. 
To  these  the  captai  s  of  the  Industrial  Workers  turned  for 
recruits.  They  formulated  a  revolutionary  propaganda  appeal- 
ing in  its  force  and  adaptable  in  its  content  and  went  to  work 
with  renewed  vigor. 

Though  the  Industrial  Workers  of  the  World  was  formed  in 
igoi;  it  did  not  come  into  real  exist  nee  as  it  is  known  to-day 
until  three  years  of  struggle  against  outside  opposition  and  fac- 
tional strife  within  had  coordinated  its  component  parts.    Trade 


"'I 
I 


I 


\m 


4,54     W   IMkOinc  TION  KJ  SIl  DV  OK  ORGANIZED  LABOR 

union  liojHs  had  Irtii  i  ruslioil.    Individual  leadership  h;-        ■  n 
f-laliii-iifd  lu'lwrrn   rival  j^roujis.     Most  important  o^ 
qiiotioii  of  political  action  had  lucn  ^ctlicd.     It  was  il 

tlusc  things  had  born  accomi)lishL(l  thai  thr  Industrial  .ers 

of  the  World  was  in  pt)sition  t'   enter  seriously  upon  the  career 
that  it  has  pursued  in  the  past  seven  years. 

Two  sets  of  events  made  the  new  organization.  The  success 
of  the  McKees  Rocks  Strike  in  iQog,  a  strike  of  unskilled  steel 
workers  brought  to  an  end  in  si.\  weeks  showed  the  lighting 
spirit  of  the  new  movement.  The  "free  speech"  tight  in  Spo- 
kane taught  its  lesson  also.  In  that  city  ordinances  were  passed 
forbidding  street  corner  speaking.  These  were  enforced  by 
a  rests.  The  c  .11  went  out  to  all  Industrial  Workers  to  come 
to  Spokane,  speak  on  the  corners,  fill  the  jails  and  bankrupt 
the  city,  for  three  months  the  tight  was  waged,  about  five 
hundred  men  and  women  were  put  in  jail,  se^•eral  were  killed 
and  others  beater,  hy  the  police,  while  those  in  jail  persisted  in 
adoi)ting  the  hunger  strike.  Finally  it  was  realized  that  the 
city  was  spending  some  $20,000  and  making  no  progress.  In 
the  end  a  compromise  was  reached.  The  Industrial  Workers 
were  allowed  to  speak  unmolested.  They  have  had  that  liberty 
ever  since.  This  showed  what  this  form  of  direct  action 
could  do.  The  year  iqoq  was  the  year  of  the  second  birth  of 
the  Industrial  Workers  of  the  World.  Following  immediately 
upon  these  events  came  the  strikes  at  Lawrence,  Paterson, 
Little  F"alls,  Philadelphia,  Lowell,  Akron,  and  other  places  in 
the  east.  These  performances  were  all  staged  in  such  a  way 
as  to  startle  the  entire  eastern  section  of  the  country  and  in 
many  quarters  they  awakened  a  state  of  mind  almost  akin  to 
a  panic.  The  Industrial  Workers  of  the  World  nad  taken  on 
a  new  lease  of  life. 

The  Philosophy  of  the  Movement :  Syudicalism.  —  Turn- 
ing to  the  philosophy  of  the  movement,  the  situation  becomes 
confused.  To  say  il  is  the  philospohy  of  syndicalism  is  to  state 
but  a  part  truth,  and  oven  then  the  term  ilselt  is  vague.  Syn- 
dicalism is  of  F>ench  origin  in  its  more  definite  formuhtion. 
It  has  been  in  part  engrafted  upon  .\merican  revolutionary 
industrialism,  as  it  furnishes  ideals  and  forms  of  exj^ression 
that  are  easily  adapted  to  the  .\merican  situation.  It  will 
not  be  [possible  here  to  attempt  even  to  outline  the  elements 


Rr.VOLUTION'ARV  r.\I)I  s  IklAI.  I'NTOMSM 


435 


of  French  Syndicalism  as  a  |)hilosoi)hy  worked  out  hv  Sorcl 
and  others.  Its  American  ad.'.ptation  is  all  that  is  ne(ess;iry 
to  notice.  More  than  that,  the  need  for  such  description  he- 
come^  still  less  when  it  is  realized  that  French  .syndicalism  was 
used  in  .Vaierica  n>  a  buttress  rather  than  a  foundation  for  the 
actixities  of  the  Industrial  Workers  of  the  World.  The  inde- 
pendence of  the  worker  from  everylhinK  hut  himself  is  the 
key  note;  from  the  '^tate,  from  the  jiolitician,  from  the  employer, 
from  the  capitalist.  Not  independence  as  understmxl  in  a 
mild  way,  hut  domination  over  or  extinction  is  the  only  real 
independenci.  Syndicalism  does  not  recognize  the  employer's 
rigl.:  to  live  "any  more  than  a  physician  rerognizes  the  right 
of  typhoid  bacilli  to  thrive  at  the  exjK'nse  of  the  patient,  the 
patient  merely  keeping  alive." 

Jotin  Spargo  has  formulated  what  may  be  taken  as  a  con- 
venient brief  summar>'  of  American  syndicalism.  "Syndicalism 
is  a  form  of  labor  unionism  which  aims  at  the  abolition  of  the 
capitalist  system  based  upon  the  exploitation  of  the  workers, 
and  its  replacement  by  a  new  social  order  free  from  class  domi- 
nation and  exploitation.  Its  distinctive  principle  as  a  |  .actical 
movement  is  that  these  ends  are  to  be  attained  by  the  direct 
action  of  the  unions,  without  parliamentary  action  or  the  inter- 
vention of  the  State.  The  distinctive  feature  of  its  ideal  is 
that  in  the  new  social  order  the  political  state  will  not  exist, 
the  only  form  of  government  being  the  administration  of  in- 
dustry directly  by  the  workers  themselves."  Summing  up, 
he  formulates  live  principles  upon  which  all  syndicalists  are 
agreed. 

"(i)  Capitalism  is  to  be  destroyed  and  with  it  must  be  over- 
thrown the  political  state. 

"(2)  These  ends  can  only  be  accomphshed  by  the  working 
class  itself. 

"(3)  They  are  not  to  be  obtained  through  political  action, 
but  as  a  result  of  the  direct  action  of  the  workers,  that  is,  as 
direct  result',  of  economic  conflict  and  not  indirectly  by  means 
of  legislation. 

"(4)  Society  is  to  be  reconstructed  by  the  workers  and  eco- 
nomic exploitation  and  mastery  will  be  abolished. 

\o/  ■*•*  i.*ic  licv*'  oocic'iy  mc  uniuiia  ui  in^  worKci's  v\tii  uwu 
and  manage  all  industries,  regulate  consumption  and  administer 


^ 


436    AX  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


the  general  social  interests.  There  will  be  no  other  form  of 
government." 

The  American  followers  prefer  to  be  known  as  industrialists 
rifher  than  syndicalists.  Syndicalism  means  in  France  prima- 
ily  "unionism."  In  this  country  some  groups  of  anarchists  call 
them  x'lves  Syndicalist  Circles.  To  th'^  group  here  considered 
it  seems  U)  avoid  confusion  by  makmg  clear  the  distinction 
between  trade  unionism  on  the  one  hand  and  anarchism  on 
the  other.  In  fact  the  Industrial  Workers  of  the  World  have 
not  remained  a  pure  syndicalist  organization.  The  Syndicalist 
League  of  X^rth  America  follows  European  syndicalism  more 
closely.  This  League  and  the  Industriui  Workers  are  openly 
critical  each  of  the  other.  The  fact  remains  that  in  the  popular 
mind  the  Industrial  Workers  and  s}  ndicalism  are  closely  as- 
sociated. The  indetiniteness  of  the  latter  seems  quite  consonant 
with  the  vagueness  and  mysteriousness  of  the  Industrial  Work- 
ers. Syndicalism  will  doubtless  remain  an  important  word  in  the 
vocabulary  of  those  who  speak  much  of  revolutionary  unionism, 
even  though  it  continues  to  express  itself  in  "metaphysical 
quiddities  and  literary  rhapsodies." 

With  the  appearance  of  the  Industrial  Workers  of  the  World 
have  come  other  expressions  that  are  accompanied  with  sinister 
significance.  The  general  strike,  direct  action,  sabotage:  each  of 
thf'^e  has  a  hard  sound  to  an  ear  accustomed  to  listen  to  such  ex- 
pressions as  strike,  boycott,  trade  agreement,  mediation,  labor 
legislation.  To  define  the.se  ominous  terms  clearly  is  quite  im- 
possible. They  have  no  clear  definition.  The  leaders  who  use 
them  so  freely  are  not  p-imarily  philosophers  or  scientists.  They 
are  men  of  action,  opportunists,  quick  to  seize  any  situation  and 
by  skillful  use  of  words  turn  it  to  their  advantage.  They  meet 
an  immcfiiate  situation  and  seek  to  dominate  it.  This  they  often 
do  by  I  loaking  the  description  in  g'^eralities  and  rhetorical 
appeal.  The  terms  in  such  wide  use  can  be  described,  then,  in 
only  a  more  general  way     Accurate  definition  seems  i        ssi'^le. 

The  General  Strike.  —  The  general  strike  of  cours  ...  in- 
vention of  their  own.  For  long  years  dreamers  hav"  ^,  lUred  a 
cessation  of  labor  so  far  reaching  and  varied  that  all  indi'.;  es 
would  be  closed  and  society  as  a  whole  be  completely  at  tne 
mercy  of  one  of  its  groups.  The  Industrial  Workers  have  seized 
upon  this  ide.i  and  used  it  very  effectively  by  very  reason  of  its 


REVOLUTIOXAkV  IXIJISTRIAL  UNIONISM 


437 


vagueness.  Efforts  at  genera!  strikes  though  always  failures  are 
explained  in  such  a  way  as  to  show  that  with  shghtly  different 
management  they  would  have  succeeded.  The  realization  of  the 
enormous  power  that  would  lie  in  the  hands  of  the  men  who 
could  successfully  launch  a  general  strike  appeals  with  a  new 
force  on  every  new  occasion  where  men  are  deeply  stirred  by 
emotional  appeal.  In  a  more  definite  way,  general  strikes  are 
sometimes  talked  of  as  general  throughout  an  industry.  This 
brings  the  idea  more  nearly  within  the  limits  of  the  hopes  of  in- 
dustrial unionists  who  plan  to  control  industries  instead  of  trades 
through  their  unions.  Again,  general  strikes  refer  to  community- 
wide  cessation  of  labor.  All  the  workers  of  a  city,  an  industrial 
district,  a  group  of  mills  or  factories  may  be  the  unit  that  is  set 
as  the  community.  Then  there  is  the  general  national  strike. 
Even  this  is  talked  of  as  a  possibility  after  the  Industrial  Workers 
of  the  World  shall  have  extended  their  following  widely  enough. 
There  is  then  a  vague  and  pleasing  indefiniteness  about  the  gen- 
eral strike,  and  from  this  very  fact  arises  s  potency  of  appeal 
to  the  rank  and  file  of  the  unskilled  workers. 

Direct  Action.  —  Direct  action  is  another  expression  that 
carries  vagueness  if  not  terror.  In  a  sense  it  is  a  very  reasonable 
term  and  reveals  clearly  the  attitude  of  its  users.  The  methods 
by  which  employers  or  capitalists  control  industry  and  its 
workers  are  regarded  as  indirect.  They  use  machinery  and  sub- 
division of  labor,  trade  unions  and  trade  agreements,  law-making 
bodies,  la-.v-enforcing  officers,  judges  in  the  courts,  armed  guards, 
policemen,  sheriffs'  posses,  militiamen.  All  these  are  said  to  be 
used  at  will  by  the  power  of  capital  to  hold  the  worker  in  sub- 
mission. Such  are  the  claims  made  again  and  again  and  in  multi- 
ple form  by  these  industrialists.  There  are  no  indirect  ways 
left  by  which  helpless  workers  can  check  the  growing  power 
of  their  "masters."  Direct  action  is  the  alternative.  As  so 
many  of  the  indirect  means  suggested  in  the  list  just  named  are 
related  with  either  trade-union  organization  or  government, 
they  denour-e  both.  Political  action  is  hopeless.  Tiie  old 
unionism  offers  no  chance.  Consequently  anti-political  revolu- 
tionary industrial  organization  must  be  used.  This  is  the  idea 
behind  direct  action.  Though  it  is  not  synonymous  with  the 
strike,  it  includes  its  liberal  use.  When  used  it  is  not  the  strike 
of  the  Lade-union  brand.    Two  requirements  are  essential  'o  the 


A 


438    AX  INTKODUCTIOX  TO  STUDY  OF  OKGANTZED  LABOR 


lili 


mm 


direct  action  strike.  It  must  be  calleii  at  a  critical  time.  This 
means  by  implication  that  in  order  to  make  it  po.ssible  at  the 
riglit  time  the  laborers  must  not  [)e  hampered  in-  any  agreements 
or  contracts.  The  very  uncertamty  created  in  the  employer's 
mind  is  in  itself  an  asset  upon  which  they  count  when  he  feels 
that  he  has  no  agreement  with  his  men.  Again  the  strike  must 
close  down  the  entire  plant.  No  groups  to  remain  in  and  help 
strike  breakers  to  defeat  the  strikers.  Xo  sense  of  responsibility 
for  property  loss.  The  industry  must  he  crippled.  It  will  not 
do  to  stop  at  causing  the  employer  merely  a  little  annoyance. 
This  again  means  no  trade  divisions  in  the  industry  with  sep- 
arate agreements  expiring  at  various  times.  In  this  sense  the 
action  in  securing  the  objects  desired  goes  straight  to  the  point 
of  forcing  the  employer  in  spite  of  his  recourse  to  indirect  action 
as  a  means  of  protection.  The  employers  say  they  will  not 
recognize  the  unions  or  have  any  dealings  with  them.  "Very 
well,"  say  the  Industrial  Workers  of  the  World,  "we  too  refuse 
to  recognize  employers.  We  quit  work  without  consulting  them. 
We  go  back  to  work  without  notice.  In  all  ways  they  shall  be 
ignored."  "If  capitalism  is  'organized  corruption'  why  should 
labor,  the  'all  creative,'  recognize  it?" 


CHAPTER  XXVIII 

REVOLUTIONARY  INDUSTRIAL  UNIONISM 
(Continued) 

Sabotage.  —  Closely  associated  with  the  terms  described  in 
the  closing  pages  of  the  last  chapter  is  the  newer  term  sabotage. 
In  this  word  lies  the  greatest  indefiniteness  of  meaning.  Even  its 
origin  seems  to  be  somewhat  in  dispute.  A  good  introduction 
to  the  iclv,;  i=  given  by  John  Spargo  in  his  book,  Syndicalism, 
Tndustr'  Ui.  onism  and  Socialism,  where  he  relates  some  per- 
sonal experiences  connected  with  what  he  asserts  to  be  the  first 
use  of  both  the  word  and  the  idea.  The  story  is  given  here  in 
condensed  form. 

An  Account  of  Origin  of  Name.  —  In  1895  there  was  in  Eng- 
land a  nvival  of  interest  in  industrial  unionism.  Spargo  with 
others  were  actn-ely  engaged  in  advocating  the  One  Big  Union 
idea.  An  aggressive  industrial  union  was  formed  known  as 
the  Intern.itional  Federation  of  Ship,  Dock,  and  Riverside 
Workers.  Strikes  were  called  by  this  union  and  were  lost  again 
and  again.  The  whole  organization  was  in  danger  of  going  to 
pieces.  The  men  were  sick  of  unsuccessful  strikes.  Political 
action  was  suggested,  but  discarded  as  of  no  practical  promise. 
Experiences  of  other  unions  in  parliamentary  tactics  ofTered  no 
inducement.  Moreover,  most  of  the  men  in  these  occupations 
had  no  vote.  At  this  juncture,  with  such  a  cheerless  outlook, 
another  policy  was  proposed:  "Strike  by  stealth  while  keeping 
on  the  pay  roll."  When  a  workman  "takes  every  advantage 
to  slacken  bis  etTorts  and  to  waste  his  time  he  is  said  by  the 
English  to  be  'soldiering.'"  But  the  En-^lish  expression  was 
too  plain  and  matter  of  fact.  A  Scotch  colloquialism  was  chosen 
in  its  place,  the  more  "picturesque  expression"  ca'  canny 
which  means  "go  slow"  or  "be  careful  not  to  do  too  much." 
Workers  were  urged  to  adopt  this  ca'  canny  |)()Iicy  to  "regard 
the  employer  and  his  agents  as  their  natural  enemies  and  to 
regard  it  as  t'leir  duty  to  their  class  to  strike  the  employers' 

439 


440    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZKD  LABOR 


pockethooks,  their  real  souls,  in  every  possible  way."  As  an 
example  was  repeated  the  story  of  the  Chinese  coolies  who 
being  refused  an  increase  in  wages  cut  off  a  piece  from  the 
end  of  their  shovels  saying,  "small  pay,  small  work.  "  Regard 
for  the  safety  of  human  life  was  insisted  upon  as  the  only  limit 
tc  the  destruction  cf  the  employer's  machinery  and  other  prop- 
erty. "Of  course,"  says  Spargo,  "the  idea  was  very  easily 
extended.  From  the  slowing  up  of  the  human  worker  to  the 
slowing  up  of  the  iron  worker,  the  machine,  was  an  easy 
transition.  A  little  dust  in  the  bearings,  especially  emery 
dust,  would  do  much.  Soap  in  boilers  would  retard  the 
development  of  steam.  Judiciously  planned  'accidents'  might 
easily  create  confusion  for  which  no  one  could  be  blamed. 
A  few  'mistakes'  in  handling  cargoes  might  easily  cost  the 
employers  far  more  than  a  small  increase  of  wages  would." 
"Keep  this  up,"  it  was  urged,  "and  in  a  little  while  the 
employers  will  be  on  their  knees  to  the  union,  begging  us  to 
restore  our  efficiency  as  workers."  This  was  what  the  English 
came  to  know  as  the  extreme  application  of  ca'  canny. 

Continuing  the  account  Spargo  informs  us  that  a  group  of 
delegates  from  France  made  a  report  on  these  conditions  in 
England  before  their  own  French  organization,  the  General 
Confederation  of  Labor  {Confederation  Generate  du  Travail). 
They  could  find  no  French  word  for  ca'  canny.  Yet  they  were 
much  in  sympathy  with  its  spirit  and  desired  to  recommend 
it  to  the  Federation.  There  is  a  French  expression  Trava'iler 
a  coups  de  sabots,  meaning  to  work  as  one  wearing  wooden 
shoes,  often  applied  to  laggards  or  slow-moving  people.  From 
this  was  coined  the  word  sabotage.  The  new  word  was  used  in 
the  report.  Sabotage  stood  to  the  French  for  the  practices 
to  which  the  English  had  given  the  name  ca'  canny.  But  the 
French  were  not  content  to  let  the  word  stand  as  representing 
a  practice.  It  must  be  backed  by  a  philosophy.  In  French 
hands,  then,  the  idea  has  been  much  more  elaborately  developed. 
Thus  in  vogue  in  Europe,  the  Americans  have  borrowed  the 
term  as  descriptive  of  the  spirit  of  the  Industrial  Workers  of 
the  World. 

Its  Meaning.  —  The  English  experience  helps  very  much  to 
understand  the  content  of  this  evasive  term  sabotage.  In 
atidition,    a    further    idea    of   its   meaning   may   be    gathered 


REVOLUTIONARY  IXDUSTRIAL  UNIONISM 


441 


from  llir  words  ^f  two  or  three  others  who  have  attempted  to 
de-i^ribe  it.  "Sabotage  as  it  prevails  to-day,"  says  one,  "means 
interfering  with  tht  machinery'  of  production  without  going 
on  strike,  it  means  u>  trike  but  stay  on  the  pay  roll.  It  means 
that  nstead  of  leaving  the  machiiie  the  workers  will  stay  at 
the  machine  and  turn  out  poor  work,  s'  )w  down  their  work 
and  in  e\  ■  ry  other  way  that  may  be  prac: cable  interfere  with 
the  profits  of  the  boss,  and  interfere  to  such  an  extent  that 
the  bos-^  will  have  'o  come  around  and  ask  'What  is  wrong; 
what  can  I  do  to  .-..itisfy  you  people?'"  Another  definition 
runs  somewbal  the  same.  "Any  conscious  and  .villful  act  on 
the  part  of  one  or  more  worker.-  intended  to  slacken  and  .educe 
the  output  of  pr.  iction  in  the  industrial  field,  or  to  restrict 
trade  and  reduce  ttie  profits  in  the  commercial  field,  in  order 
to  secure  from  their  employers  better  conditions  or  to  enforce 
those  '"omi-^ed  or  maintain  those  already  prevailing,  when 
no  other  w..  of  redress  i'^  open;  any  skillful  operation  on  the 
machinery  of  production  intended  not  to  destroy  it  or  perma- 
nently render  it  defective  but  only  to  temporarily  disable  it 
and  to  put  it  out  of  runninj;  condition  in  order  to  make  impossi- 
ble the  work  of  scabs  and  thus  to  secure  the  complete  and  real 
stoppage  of  work  during  a  strike." 

As  a  final  description  a  somewhat  longer  extract  may  be  used. 
It  but  suggests  some  of  the  m;ny  ways  that  ingenuity  and 
cunning  will  devise  when  the  situation  seems  to  the  workers 
desperate  enough  to  warrant  it. 

"Strikes  may  gain  certain  advantages  for  the  workers,  but 
sabotage  well  conducted  is  sure  to  bring  about  the  employer's 
discomfiture,  .\ccording  to  direct  actionists,  sabotage  should 
be  as  far  as  possible  beneficial  to  thr  ultimate  consumer  who, 
in  th  majority  of  cases,  is  a  workingman.  Workers  in  the 
wine  and  jiacking  industries  who  refuse  to  'wet'  wines  or  who 
throw  away  harmful  chemicals  destined  to  preser\'e  ephemeral 
liquids  or  embalm  doubtful  meat,  cooks  who  waste  so  much 
margarine  that  this  substitute  for  butter  becomes  as  expensive 
as  the  o.iginal  article,  store  clerks  who  refuse  to  sell  a  worthless 
'just  as  good  article,'  insist  on  giving  full  weight,  substitute 
truthful  labels  for  those  used  on  'sale  days,'  painters  who  apply 
the  specified  coating  of  paint,  etc.,  are  engaged  in  beneficial 
sabotage. 


44-^     A\  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


"Another  kind  of  sabotage  aims  at  mining  the  retailer's 
trade;  bakers  may  produce  bread  and  cakes  unfit  for  consump- 
tion or  containing  foreign  substances;  clerks  may  refuse  to  show 
certain  gmxls  or  call  the  customer's  attention  to  their  defects. 

"Indi\i(lual  sabotage  may  assume  a  more  aggressive  form. 
Sebastien  Faure  and  Pouget  delivered  recently  on  the  subject 
of  technical  instruction  as  revolution's  handmaid  an  address 
from  which  \vc  quote  the  following  extracts: 

"The  electrical  industry  is  one  of  the  most  important  indus- 
tries, as  an  interruption  in  the  current  means  a  lack  of  light 
and  power  in  factories;  it  also  means  a  reduction  in  the  means 
of  transportation  and  a  stoppage  of  the  telegraph  and  telephone 
systems. 

"How  can  the  power  be  cut  ofT?  By  curtailing  in  the  mine 
the  output  of  the  coal  necessary  for  feeding  the  machinery  or 
stopping  the  coal  cars  on  their  way  to  the  electrical  plants. 
If  the  fuel  reaches  its  destination  what  is  simpler  than  to  set 
the  pockets  on  fire  and  have  the  coal  burn  in  the  yards  instead 
of  the  furnaces?  It  is  child's  play  to  put  out  of  work  the  ele- 
vators and  other  automatic  devices  which  carry  coal  to  the 
fireroom. 

"To  put  boilers  out  of  order  use  explosives  or  silicates  or  a 
plain  glass  bottle  which  thrown  on  the  glowing  coals  hinders 
the  combustion  and  clogs  up  the  smoke  e.xhausts.  You  can 
also  use  acids  to  corrode  boiler  tubes;  acid  fumes  will  ruin 
cylinders  and  piston  rods.  A  small  quantity  of  some  corrosive 
substance,  a  handful  of  emery  will  be  the  end  of  oil  cups.  When 
it  comes  to  dynamos  or  transformers,  short  circuits  and  inver- 
sions of  poles  can  be  easily  managed.  Underground  cables  can 
be  destroyed  by  fire,  water,  plyers  or  explosives,  etc.,  etc." 

Evidently  there  are  two  sides  to  thi.-;  from  the  unionist  point 
of  view,  though  but  one  from  the  revolutionist's  standpoint. 
This  is  seen  in  a  discussion  of  the  policy  of  sabotage  as  argued 
by  the  members  of  the  Commercial  Telegraphers  Union,  where 
two  different  views  appear.  One  runs  as  follows:  "Sabotage 
can  only  be  worked  on  a  small  scale  where  the  individual  is 
in  a  position  to  do  his  work  upon  his  own  initiative  in  a  way 
that  no  one  else  is  in  on  his  plans.  This  requires  independence 
of  thought  and  action  as  well  as  one  chief  ingredient — nerve. 
1  do  not  think  there  .ire  enough  commccial  telegraphers  with 


REVOLUTIONARY  INDUSTRIAL  UNIONISM 


443 


nerve  to  make  the  plan  worth  while."  To  this  comes  the  reply: 
"Sabotage  would  fail  to  bring  [)ermanent  results,  l)icause  it 
is  not  the  weapon  of  courageous  and  progressive  men.  It  is 
on  a  par  with  the  eavesdropper  and  stool  pigeon  of  the  telegraph 
com{)anies.  A  coward's  tool  to  be  used  in  the  dark  and  cannot 
stand  the  light  of  day.  Suppose  the  Western  Union  did  run  info 
an  epidemic  of  'bulled'  and  'lost'  messages.  Wherein  would 
that  help  us  organize,  and  that  is  what  we  are  trying  to  do." 

Deeper  Meaning  of  Sabotage.  —  It  yet  remains  to  empha- 
size one  point  in  regard  to  this  strange  weapon  upon  which  the 
membcs  of  this  branch  of  unionism  count  so  much.  Its  use 
means  the  reaching  of  the  verge  of  despair.  Strikes  and  boycotts 
cannot  be  effectively  pushed  by  these  groups  of  unskilled  and 
irregularly  employed  men.  Their  organizations,  when  built  up 
on  the  lines  of  the  older  unionism,  do  not  stay  together.  They 
lack  coherence.  In  the  political  field  they  cannot  make  them- 
selves felt.  Their  voting  strength  is  greatly  scattered  by  the 
transitory  nature  of  much  of  their  work  and  they  have  no  can- 
didates of  their  own  to  push.  The  methods  used  by  the  sub- 
stantial skilled  unions  have  no  effectiveness  when  adopted  by 
these  workers.  There  seems  no  way  but  to  terrorize  the  em- 
ployer. Sabotage  serves  this  purpose.  Its  main  strength  lies 
in  the  furtiveness  of  its  use.  Individuals  can  use  it  singly  as 
well  as  collectively.  Its  vagueness  causes  the  employer  very 
uneasy  moments  when  he  sees  its  results  appear  in  his  plant. 
It  means  a  kind  of  disorganization  before  the  spread  of  which 
he  is  helpless.  Further  it  means  that  a  reckless  desperation 
has  seized  his  workmen  and  he  knows  not  where  it  may  lead 
or  at  what  point  it  will  break  out  next.  "Whenever  a  nation 
loses  hope  of  a  peaceful  solution  of  a  problem,  that  moment  all 
the  elements  of  war  are  present.  Whenever  a  class  or  a  portion 
of  a  class  loses  hope  in  its  policies,  loses  confidence  in  its  policies, 
all  the  elements  of  war  are  there  and  the  idea  of  direct  action 
grows  and  a  change  tak^-s  place."  So  significant  is  this  phase 
of  the  movement  that  the."e  are  those  who  declare  that  "the 
heart  and  the  soul  and  the  blood  of  the  syndicalist  movement  is 
sabotage." 

The  Industrial  Workers  of  the  World  is  the  remnant  of  an 
industrial  unionist  movement  that  at  first  sought  to  work 
largely  by  bringing  into  its  membership  the  aggressive  wing  of 


WM 


ii 


444    AN  INTROUULTION  TO  STUDY  OF  ORCJANIZKD  LABOR 

the  socialists  and  the  more  active  of  trade  unionists.  These 
all  were  to  he  industrialized.  After  a  brief  time  these  relatively 
less  radical  elements  dropped  out  and  the  leaders  remaining 
were  determined  to  speak  in  such  a  way  that  they  would  attract 
a  following  and  command  attention.  That  following  has  been 
brought  together  from  the  unskilled  workers  and  the  large 
numbers  of  men  and  women  whose  work  is  most  irregular. 
Textile  workers,  steel  mill  workers,  lumber  jacks,  miners,  farm 
and  fruit  laborers,  railway  construction  gangs,  all  are  more  or 
less  migratory  groups  with  no  prospect  of  anything  more  promis- 
ing open  to  them.  Discontent  is  a  common  factor  among  them. 
By  the  right  kind  of  appeal  these  elements  have  been  brought 
under  the  banner  of  the  Industrial  Workers  of  the  World  and 
there  they  remain  only  so  long  as  the  brilliant  promises  and 
fiery  rhetoric  of  the  leaders  can  hold  them.  They  seek  trouble, 
for  trouble  is  their  only  hope  of  holding  together.  Strikes  must 
be  called,  just  for  practice  if  for  nothing  else.  Small  strikes  keep 
the  members  in  training  for  the  larger  battles  that  are  waged  at 
advantageous  times.  In  these  industrial  outbreaks  they  are 
uncompromising.  "There  is  but  one  bargain  the  I.  W.  W.  will 
make  with  the  cmi)!oying  class,"  writes  their  Secretary,  "com- 
plete surrender  of  all  control  of  industry  to  the  organized 
workers."  All  the  "fortifications  behind  which  the  enemy  has 
entrenched  himself,"  land,  mills,  mines  and  factories,  must  be 
seized.  "What  is  of  benefit  to  the  employers  must,  self-evi- 
dently,  be  detrimental  to  the  employee^."  For  the  accomplish- 
ment of  these  ends  the  means  used  an  Iged  by  a  single  stand- 
ard, effectiveness.  "As  a  revolutionary  organization,"  declares 
the  Secretary,  "the  Industrial  Workers  of  the  World  aims  to 
use  any  and  all  tactics  that  will  get  the  results  sought  with  the 
least  expenditure  of  time  and  energy.  The  tactics  used  are 
dcterm.ined  solely  bv  the  power  of  the  organizatiori  to  make 
good  in  their  use.  The  question  of  'right'  and  'wrong'  does 
not  concern  us." 

An  American  Movement.  — The  Industrial  Workers  of  the 
World  represents  a  combination  of  English  practices,  French 
terms,  French  philosophizings  and  .\merican  conditions.  Syn- 
dicalism, direct  action,  sabotage  have  a  strong  French  tlavor. 
Some  of  the  leaders  have  visited  France  and  know  the  General 
Confederation   of   Labor.     Yet   the   organization   is   after  all 


REVOLUTIONARY  INDUSTRIAL  UNIONISM 


445 


American.  It  is  the  product  of  independent  American  leaders, 
American  industrial  conditions  and  American  thought.  There 
have  iieen  three  parallel  developments;  in  England,  in  France 
and  in  America.  Each  has  been  independent  of  the  others,  yet 
each  has  been  influenced  in  some  particulars  by  the  others.  The 
American  movement  is  embodied  in  the  Chicago  Branch  of  the 
Industrial  Workers  of  the  World.  It  cannot  be-  LompiL-Iiended 
by  seeking  alone  to  understand  P'rench  syndicalist  philosophy, 
for  that  is  too  philosophical.  French  direct  action  and  American 
direct  action  are  not  the  same.  The  difference  is  that  one  is 
American  and  the  other  is  French.  It  should  be  clearly  under- 
stood that  the  Industr-al  Workers  of  the  World  represents  a 
new  American  uniOiusni. 

Constitution  of  the  Industrial  Workers.  —  While  it  may  be 
said  that  the  structure  of  the  Industrial  Workers  of  the  World  is 
not  so  important  as  its  spirit,  yet  there  is  a  more  definite  or- 
ganization than  is  popularly  supposed.  According  to  th^  con- 
stitution as  modified  in  1914  the  Industrial  Workers  of  the 
World  consists  of  actual  wage  workers  brought  together  in 
National  Industrial  Departments,  National  Industrial  Unions, 
Local  Industrial  Ilninri';^  Local  Recruitincf  TJnions  Industrial 
Councils,  and  individual  members.  In  localities  where  there 
are  not  enough  to  form  a  Local  Industrial  Union  the  Recruiting 
Union  is  organized  temporarily,  and  even  individuals  are  brought 
in  where  there  is  no  Recruiting  Union.  The  Local  Industrial 
Union  corres{)onds  to  the  local  of  other  national  organizations, 
with  the  characteristic  exception  that  it  is  composed  of  the  wage 
workers  "welded  together  in  trade  or  shop  branches  or  as  the 
particular  requirements  of  said  industry  may  render  necessary." 
The  Branch  then  becomes  the  connecting  link  between  the 
individual  and  the  central  authority.  National  Industrial 
Unions  are  formed  by  five  or  more  Local  Industrial  Unions  in 
any  one  industry  having  a  joint  membership  of  three  thousand 

Industrial  Unions  of  "closely  kindred  industries  appropriate  for 
representation  in  the  departmental  administration."  It  may 
consist  of  two  or  more  National  Industrial  Unions  aggregating  a 
membership  of  not  les';  than  10, oon.  Industrial  Councils  for 
the  purpose  of  establishing  general  solidarity  in  a  given  district 
may  be  organized  composed  of  delegates  from  not  less  than  five 


446    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

L.KaI  Industrial  or  LiKal  Recruiting  Unions.     Industrial  Dis- 
trict Coun  ils  hear  all  appeals  on  charges  from  members  of  local 
unions  within  their  juris.liclion  and  their  decision  is  subject  to 
appeal  onlv  to  the  General  Kxecutive  Board  or  to  the  convention 
The  Departments  have  general  supervision  over  the  affairs  o 
the  National  Industrial  Unions  composing  the  same,  "provided 
that  all  matters  concerning  the  entire  membersmp  oi  me  I.  W .  W  . 
shall   be  settled   bv   the   referendum."     Six   Departments  are 
provided  for;  Agriculture,  Land,  Fisheries,  and  Water  I'roducts; 
Mining;  Transportation  and  Communication;  Manufacturing 
and  General  Production;  Construction;  Public  Service. 

The  general  officers  of   the  organization  are   the  General 
Secretary-Treasurer,  General  Organizer  and  General  Kxec^t.ve 
Roard   the  last  named  to  be  composed  of  th.  two  general  ofTicers 
and  one  member  of  each  Industrial  Department.    A  provisional 
Executive  Board  is  provided  for  until  the  departments  are  or- 
ganized     It  is  composed  of  the  two  general  oflficers  and  five 
additional  members.    The  two  named  officers  have  voice  but 
no   vote  in   the  General   Executive   Board.  \*The  officers  arc 
nominated  by  the  convention  and  elected  by  referendum  vote 
The  i)rovisional  members  of  tlie  Executive  Board  are  elected 
by  the  convention.    Outspoken  a?  the  leaders  are  against  the 
trade  agreement,  the  constitution  provides  for  such  agreements 
subject  to  positively  stated  restrictions.    Each  agreement    be- 
fore it  shall  be  considered  valid  must  be  submitted  to  and  ap- 
proved by  the  General  Executive  Board.    Agreements  so  made 
must  not  specify  any  length  of  time  for  its  continuance,  must 
not  agree  to  give  notice  before  making  any  demand  affectmg 
wages,  hours  or  shop  conditions;  must  not  commit  the  workers 
to  work  onlv  for  certain  employers  or  members  of  employers 
associations;  and  must  not  agree  to  regulate  the  sellmg  price  of 
the  product  that  they  arc  employed  to  make 

The  annual  convention  is  the  legislative  body  of  the  Industrial 
Workers  of  the  World.  Any  change  in  the  organic  law,  if 
adopted  by  the  convention,  must  be  submitted  to  the  members 
by  referendum  vote.  The  membership  of  the  convention  is 
carefully  provided  for.  Each  subdivision  of  the  general  organiza- 
tion is  allotted  its  number  of  representatives  based  upon  mem- 
bership The  general  officers  are  members-at-large  with  one 
vote  each.    They  do  not  carry  the  vote  of  any  local  organiza- 


kl.V(JLUT[UNARV  INULSIkl.AI.  LMOMSM 


447 


tion.  The  lrj!;al  membership  is  based  upon  dues  paid  for  the 
last  six  months  of  the  tistal  year.  A  local  caniiul  lje  represented 
in  the  convention  unless  chartered  three  months  before  the  time 
of  meeting. 

A  universal  label  is  provided  for.  It  can  never  pass  from  the 
control  of  the  organization  and  is  to  be  used  on  a  commoditv  as 
evidence  that  the  work  is  done  only  by  Industrial  Workers.  The 
finances  are  to  be  provided  by  charter  fees,  initiation  fees  ;,iul 
dues.  The  general  membership  can  be  made  up  only  troni 
"actual  wage  workers,"  but  no  member  shall  be  an  officer  in 
"a  pure  and  simple  trade  union."  Provisions  are  elaborately 
made  for  the  use  of  the  referendum  in  a!'  matters  that  may 
arise  with  reference  to  the  policies  of  the  organization.  Each 
officer,  in  taking  office  takes  a  pledge  in  which  among  other  state- 
ments usually  found  he  pledges  that  he  understands  and  be- 
lieves in  the  two  sentences:  "The  working  class  and  the  em- 
ploying class  have  nothing  in  common;"  and  "Labor  is  entitled 
to  all  it  produces." 

This  is  the  structure.  Though  worked  out  in  detail,  as  the 
above  statements  will  indicate,  it  has  thus  far  been  relatively 
unimportant.  The  authority  of  the  officers  is  large,  de  facto  if 
not  dejure.  Their  effective  leadership  and  their  abilit\  as  the 
mouthpiece  of  the  movement  establishes  this  authority  more 
effectively  than  any  printed  constitution  could  do.  It  is  the 
spirit  rather  than  the  form  of  the  organization  that  is  important. 
Revolutionary  industrial  unionism  is  its  essence.  The  socializa- 
tion of  industrial  life  with  the  industry  as  the  unit;  direct  action 
the  means,  using  any  weapon  that  promises  success;  anarchistic 
rather  than  socialistic  toward  all  the  present  forms  of  the  state 
and  toward  all  political  action. 

Effect  of  Movement  on  Employers  and  Unionists.  —  The 
trade  union  leaders  as  well  as  the  employers  have  been  obliged  to 
heed  this  latest  form  of  activity.  Employers  seemed  at  first 
completely  terrorized.  They  have  not  yet  fully  recovered.  Com- 
placent trade  unionists  ha\-e  been  given  a  rude  shock.  E\en 
socialists  have  felt  the  influence  of  the  direct  actionist  policies. 
A  running  tight  has  been  kept  up  between  the  Industrial  Workers 
and  the  American  Federation  since  the  first.  The  vigorous  and 
effective  attacks  upon  the  trade-union  idea  made  by  the  indus- 
trialists struck  home.    The  Te.xtile  Workers  had  unionized  the 


